
Class L b 15% J 



/S2J 



)OUK 



GENERAL 



iCHOOL LAWS, 



STATE OF NEW YORK, 



TOGETHER WITH TI.c 



RULES OF PRACTICE 



ON APPEALS TO THE 



DEPARTMENT OF PUBLIC INSTRUCTION. 



ALBANY: 

WEED, PARSON'S AND COMPANY, PRINTERS. 

1887. 



GENERAL 



SCHOOL LAWS, 



mmm 

3 ^-r- 



STATE OF NEW YORK, 



TOGETHER WITH THE 



RULES OF PEAOTICE 



ON APPEALS TO THE 



DEPARTMENT OF PUBLIC INSTRUCTION. 



ALBANY: 
WEED, PARSONS AND COMPANY, PRINTERS. 

1887. 






Nov ie im 



CHANGES IN 1887. 



J 



STATE OP NEW YORK, 

Department of Public Instruction, 

Albany, N. Y., July 15, 1887. 

This edition of the General School Laws of the State of New 
York, is published pursuant to a provision contained in the annual 
supply bill of 1887. 

The attention of supervisory officers, boards of education, trus- 
tees, teachers and the public generally, is particularly called to 
amendments and additions to the law enacted at the last session of 
the Legislature as below noted. 

Title II, section 4, on page 9 is amended so as to confer the 
power of condemning school-houses solely upon school commis- 
sioners. 

Title III, section 5, on page 21, provides for the apportionment 
of library moneys upon aggregate rather than average attendance. 

Title III, section 7, on page 21 is amended so that in 1889 and 
thereafter, public moneys shall be apportioned according to the 
aggregate number of days of attendance, rather than average attend- 
ance and the number of children of school age. It will he noted 
that this does not affect the apportionment of 1888. 

Title VII, section 77, on page 54, provides for the payment of 
the amount of unpaid returned taxes by the county treasurers to 
collectors instead of trustees. 

Title VII, section 83, on page 55 is amended so as to provide for 
the filing of collector's bonds. 

Title VII, section 88, on page 57 is amended so as to conform to 
the change made by the amendment to section 54 above noted. 

A new section (91) has been added to title VII, on page 58, which 
requires trustees to file returned tax-lists and warrants with town 
clerks. 



IV 

Chapter 800 of the laws of 1886, on page 97 was, by the addi- 
tion of section 15, made to apply to New York city. 

Chapter 291 of the laws of 18S7, on page 99, makes important 
changes in relation to the filling of State Scholarships at Cornell 
University. 

Chapter 27 of the laws of 1875, as amended by chapter 289 of 
the laws 'of 1887, on page 108, designates the days to be observed as 
holidays. 

On page 133 is a reference to the act providing for a normal and 
training school at Oneonta. 

Chapter 335 of the laws of 1887 on page 138, requires trustees to 
give to teachers a written memorandum of the terms of employment 
and requires that teachers' wages shall be paid at least as often as 
at the end of each month. 

Chapter 538 of the laws of 1887, on page 138, requires suitable 
and convenient water-closets for schools. 

Chapter 540 of the laws of 1887, on page 139, authorizes evening 
schools in cities and union free school districts for instruction in 
industrial drawing. 

Chapter 672 of the laws of 1887, on page 140, provides for the 
distribution of the Code of Public Instruction. 

Chapter 675 of the laws of 1887, on page 141, provides for archi- 
tects 5 plans for school buildings. 

Chapter 710 of the laws of 1887, on page 142, provides for the 
future printing and distribution of the report of the Superintend- 
ent of Public Instruction. 

On page 143, etc., will be found the rules governing appeals to 
the Department of Public Instruction. 




Superintendent. 



CONSOLIDATED 



SCHOOL ACT. 



CHAP. 555. 

AN ACT to revise and consolidate the General Acts 
relating to Public Instruction. 

Passed May 2, 1864; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

TITLE I. 

OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION, HIS 
ELECTION AND GENERAL POWERS AND DUTIES. 

* Section 1. The office of state superintendent of pub- state su- 
lic instruction is continued and the term of said office ent^hts 4 " 
shall be three years, commencing hereafter on the seventh election 
day of April. Such superintendent shall be elected by of office, 
joint ballot of the senate and assembly on the second 
Wednesday of February next preceding the expiration 
of the term of the then incumbent of said office, and on 
the second Wednesday of February next after the occur- 
rence of any vacancy in the office. 

*As amended by sec. 1, chap. 75, Laws of 1883, and by sec. 1, chap. 591, 
Laws of 1886. 



TITLE 1. 
Deputy 
superin- 
tendent. 



Vacancy. 



Salary. 



Clerk hire. 



Seal. 



Copies of 
papers on 
file under 
seal to be 
evidence. 



Superin- 
tendent's 
ex-offlcio 
duties. 



Superin- 
tendent's 
general 
supervis- 
ion. 



Institution 
for deaf 



Consolidated School Act of 1864. 

*§ 2. He shall appoint a deputy ; and in case of a 
vacancy in the office of superintendent, the deputy may 
perform all the duties of the office until the day herein- 
before fixed for the commencement of the term of said 
office. In case the office of both superintendent and 
deputy shall be vacant, the governor shall appoint some 
person to perform the duties of the office until the super- 
intendent shall be elected and his term of office* commence, 
as hereinbefore provided. 

§ 3. The superintendent's office shall continue to be in 
the state hail, and maintained at the expense of the state. 

f§ 4. His salary shall be five thousand dollars a year, 
payable quarterly, by the treasurer, on the warrant of the 
comptroller. 

£§ 5. He may appoint as many clerks as he may deem 
necessary, but the compensation of such clerks shall not 
exceed in the aggregate the sum of nine thousand dollars 
in any one year, and shall be payable monthly by the 
treasurer, on the warrant of the comptroller, and the cer- 
tificate of the superintendent. 

§ 6. The seal of the superintendent, of which a descrip- 
tion and impression are now on file in the office of the 
secretary of state, shall continue to be his official seal, and 
when necessary, may be renewed from time to time. 
Copies of all papers deposited or filed in the superintend- 
ent's office, and of all acts, orders and decisions made by 
him, and of the drafts or machine copies of his official 
letters, may be authenticated under the said seal, and 
when so authenticated, shall be evidence equally with and. 
in like manner as the originals. 

||§ 7. The superintendent shall be ex-officio a trustee of 
Cornell University and of the New York State Asylum 
for Idiots, and a regent of the University of the State of 
New York. He shall also have general supervision over 
the state normal schools at Brockport, Buffalo, Cortland, 
Fredonia, Geneseo, Oswego and Potsdam, and over any 
other state normal school, which may hereafter be estab- 
lished ; and he shall provide for the education of the 
Indian children of the state, as required by chapter 
seventy-one of the laws of eighteen hundred and fifty-six. 

§ 8. The institution for the instruction of the deaf and 
dumb, the New York institution for the blind, and all 

* As amended by sec. 2, chap. 75, Laws of 1883. 
+ As amended by sec. 1, chap. 567, Laws of 1875. 
% As amended by sec. 2, chap. 567, Laws of 1875. 
II As amended by sec. 3, chap. 567, Laws of 1875. 



Of Superintendent of Public Instruction. 



other similar institutions, incorporated, or that may be 
hereafter incorporated, shall be subject to the visitation blind, 'etc.' 
of the superintendent of public instruction, and it shall be 
his duty : 

1. To inquire, from time to time, inio the expenditures superin- 
of each institution, and the systems of instruction pursued duties!* S 
therein, respectively. 

2. To visit and inspect the schools belonging thereto, 
and the lodgings and accommodations of the pupils. 

3. To ascertain, by a comparison with other similar 
institutions, whether any improvements in instruction 
and discipline can be made; and for that purpose to ap- 
point, from time to time, suitable persons to visit .the 
schools. 

4. To suggest to the directors of such institution and 
to the legislature such improvements as he shall judge 
expedient. 

5. To make an annual report to the legislature on all t^f^" t o 
the matters before enumerated, and particularly as to the report an- 
condition of the schools, the improvement of the pupils, nua y " 
and their treatment in respect to board and lodging. 

*§ 9. All deaf and dumb persons resident in this state al^ssion, 
and upwards of twelve years of age, who shall have been 
resident in this state for three years immediately preceding 
the application, or, if a minor, whose parent or parents, or, 
if an orphan, whose nearest friend shall have been resident 
in this state for three years immediately preceding the 
application, shall be eligible to appointment as state pupils 
in one of the deaf and dumb institutions of this state, 
authorized by law to receive such pupils ; and all blind 
persons of suitable age and similar qualifications shall be 
elegible to appointment to the institutions for the blind 
in the city of New York or in the village of Batavia, as 
follows : All such as are residents of the counties of New 
York, Kings, Queens, Suffolk and Richmond shall be 
sent to the institution for the blind in the city of New 
York ; those who reside in other counties of the state shall 
be sent to the institution for the blind in the village of 
Batavia. All such appointments, with the exception of 
those to the institution for the blind in the village of 
Batavia, shall be made by the superintendent of public 
instruction upon application, and in those cases in wdiich, 
in his opinion, the parents or guardians of the applicants 

*As amended by sec. 4, chap. 567, Laws of 1875, and bv sec. 1, chap. 615, Laws 
of 1886. 
Note.— See chap. 166, Laws of 1870. 



Consolidated School Act of 186-4. 



are able to bear a portion of the expense, be may impose 
conditions whereby some proportionate share of ex- 
pense of educating and clothing such pupils shall be paid 
by their parents, guardians, or friends, in such manner and 
at such times as the superintendent shall designate, which 
conditions he may modify from time to time, if he shall 
deem it expedient to do so. 
state pu- § 10. Each pupil so received into either of the institu- 
commoda- tions aforesaid shall be provided with board, lodging and 
pensatkm tnit i 011 5 anc ^ the directors of the institution shall receive 
etc. ' for each pupil so provided for, the sum of dollars 

per annum, in quarterly payments, to be paid by the 
treasurer of the state, on the warrant of the comptroller, 
to the treasurer of said institution, on his presenting a bill 
showing the actual time and number of such pupils attend- 
ing the institution, and which bill shall be signed by the 
president and secretary of the institution, and verified by 
struction in "their oaths. The regular term of instruction for such 
pupils shall be five years; but the superintendent of pub- 
lic instruction may, in his discretion, extend the term of 
any pupil for a period not exceeding three years. The 
pupils provided for in this and the preceding section of 
this title shall be designated state pupils ; and all the 
existing provisions of law applicable to state pupils now 
in said institutions shall apply to pupils herein provided 
for. 
Time of §11. The superintendent of public instruction may 

admission. ma ^ e suc ] 1 regulations and give such directions to parents 
and guardians, in relation to the admission of pupils into 
either of the above named institutions, as will prevent 
pupils entering the same at irregular periods. 

School 8 12. The superintendent may, in his discretion, ap- 

visitor. ? , , r • .. i • ii c ru 

point persons to visit and examine all or any ot the com- 
mon schools in the county wherein such persons reside, 
and to report to him all such matters respecting their 
condition and management, and the means of improving 
them, as he shall prescribe ; but no allowance or com- 
pensation shall be made to such visitors for their services 
or expenses. 
Superin- § 13. So often as he can, consistently with his other 
wSt e the t0 duties, he shall visit such of the common schools of the 
common state as he shall see fit, and inquire into their course of 
instruction, management and discipline, and advise and 
encourage the pupils, teachers and officers thereof. 



Of Superintendent of Public Instruction. 



* § 14. He shall submit to the legislature an annual re- Annual 
port containing : report. 

1. A statement of the condition of the common schools 
of the state, and of all other schools and institutions 
under his supervision, and subject to his visitation as 
superintendent. • 

2. Estimates and accounts of expenditures of the 
school moneys, and a statement of the apportionment of 
school moneys made by him. 

3. All such matters relating to his office, and all such 
plans and suggestions for the improvement of the schools 
and the advancement of public instruction in the state, 
as he shall deem expedient. 

f § 15. He may grant under his hand and seal of office, state cer- 
a certificate of qualification to teach, and may revoke the* 1 cafce ' 
same. While unrevoked, such certificate shall be con- 
clusive evidence that the person to whom it was granted 
is qualified by moral character, learning and ability, to 
teach any common school in the state. Such certificate 
may be granted by him only upon examination. He shall Examin- 
determine the manner in which such examination shall be state certi- 
eonducted, and may designate proper persons to conduct ca e " 
the same, and report the result to him. He may also ap- 
point times and places for holding such examinations, at 
least once in each year, and cause due notice thereof to 
be given. He may also issue temporary licenses to teach, Hcenses 8,17 
limited to any school commissioner district or school dis- 
trict, and for a period not exceeding six months, when- 
ever, in his judgment, it may be necessary or expedient 
for him to do so. 

§ 16. Upon cause shown to his satisfaction, he may c v * a .f i |'. niml 
annul any certificate of qualification granted to a teacher cates. 
by a school commissioner, or declare any diploma issued 
by the state normal school ineffective and null as a quali- 
fication to teach a common school within this state, and 
he may reconsider and reverse his action in any such 
matter. 

§ 17. He shall prepare and keep in his office alpha- Lists of 
betical lists of all persons who have received, or shall re- hoia?n| 
ceive, certificates of qualification from himself, or diplo- tmcates 1 "* 
mas of the state normal school, with the dates thereof, and nor- 
and shall note thereon all annulments and reversals of 

* Note.— Sec. 11, chap. 215, Laws of 1881, as amended by sec. 1, chap. 621, 
Laws of 1881, provides that the annual report shall be presented to the 
legislature within ten days after the commencement of the session. 

t As amended by sec. 5, chap. 567, Laws of 1875. 



6 



Consolidated School Act of 1864. 



mai school such certificates and diplomas, with the date and causes 
diplomas, thereof, together with such other particulars as he may 
deem expedient. 

§ 18. Whenever it shall be proven, to his satisfaction, 
that any school commissioner, or other school officer, has 
•been guilty of any willful violation or neglect of duty 
under this act, or any other act pertaining to common 
schools, or of willfully disobeying any decision, order or 
regulation of the superintendent, the superintendent may, 
by an order under his hand and seal, which order shall 
be recorded in his office, remove such school commissioner 
or other school officer from his office. 

§ 19. He shall prepare suitable registers, blanks, forms 
and regulations for making all reports and conducting all 
necessary business under this act, and shall cause the 
same, with such information and instructions as he shall 
deem conducive to the proper organization and govern- 
ment of the common schools and the due execution of 
their duties by school officers, to be transmitted to the 
officers and persons intrusted with the execution of the 
same. 

TITLE II. 



Superin 
tendent 
may re- 
move 
school 
commis- 
sioners , 
or other 
school 
officers 



Shall pre- 
pare regis 
ters, 
blanks, 
etc. 



School 
commis- 
sioners. 



School 
commis- 
sioner dis- 
tricts. 



How 
elected. 



OF THE SCHOOL COMMISSIONERS, THEIE ELECTION, POWERS 
AND DUTIES. 

Section 1. The office of school commissioner is con- 
tinued, and the present incumbents shall continue in office 
in their respective districts, for the residue of the terms 
for which they were elected or appointed. 

*§ 2. The districts as organized under existing laws 
and as recognized in the election of school commissioners 
at the annual election in eighteen hundred and sixty-three, 
shall continue to be held and regarded as the school com- 
missioner districts in this state, except as the same shall 
be altered or modified by the legislature. 

t§ 3. The school commissioner for each school com- 
missioner district shall be elected by the electors thereof, 
by separate ballot, at the general election in the year one 
thousand eight hundred and sixty-six, and triennially 
thereafter, and the ballots shall be indorsed "school com- 
missioner." The laws -regulating the election of and 



* Note.— Cities electing superintendents, etc., are not included in com- 
missioner districts. See chap. 179, Laws of 1856, as amended by sec. 1, chap. 
414, Laws of 1883, in appendix 

t As amended by sec. 1, chap. 406, Laws of 1867. 



Of School Commissioners. 7 

canvassing the votes for county officers shall apply to 
such elections. And it shall further be the duty of county County 
clerks, and they are hereby required, as soon as they shall certify to 
have official notice of the election or appointment of a^pe^- 
school commissioner, for any district in their county, to the eiec- 
forward to the superintendent of public instruction a a ppo?nt- 
duplicate certificate of such election or appointment, at-™^?^ 
tested by their signature and the seal of the county. sioner. 

§ 4. The term of office of such commissioner shall com- Term of 
mence on the first day of January next after his election, offlce - 
and shall be for three years, and until his successor quali- 
fies. Every person elected to the office, or appointed to 
fill a vacancy, must take the oath of office prescribed by office. 
the constitution, before the county clerk, or a judge of a 
court of record, and file it with the county clerk, within 
ten days after the commencement of the term or after 
notice of his appointment ; and if he omit so to do, the 
office shall be deemed vacant. 

§ 5. A commissioner may at any time vacate his office, Commis- 
by filing his resignation with the county clerk. His resign, 
removal from the county, or his acceptance of the office 
of supervisor, town-clerk or trustee of a school district, Jmcef. 613 
shall vacate his office. 

*§ 6. The county clerk, so soon as he has official orHowva- 
other notice of the existence of a vacancy in the office of office 7 of 
commissioner, shall give notice thereof to the county co^ m } s . 
judge, or, if that office be vacant, to the superintendent «oner 
of public instruction. In case of a vacancy, the county 
judge, or, if there be no county judge, then the superin- 
tendent shall appoint a commissioner, who shall hold his 
office until the first of January succeeding the next gen- 
eral election, and until his successor, who shall be chosen sioner etec- 
at such general election, shall have qualified. A person vlcanc^'to 
elected to fill a vacancy shall hold the office only for the hold onl y 

t , J J for the 

unexpired term. unexpired 

f§ 7. After the first clay of October, eighteen hundred g®™ 1, 
and eighty -five, every school commissioner shall receive school 
an annual salary of one thousand dollars, payable quarterly sio™e? S ' 
out of the free school fund appropriated to this purpose, ^°a° b ' le 
or to the support of common schools. from free 

\% 8. Whenever a majority of the supervisors from all fund 
the towns composing a school commissioner district shall supervis- 

■■ ors to in- 

* As amended by sec. 1, chap. 647, Laws of 1865. 

t As amended by sec. 1, chap. 84, Laws of 1867, and sec. 3, chap. 1, Laws of 
1881, and by sec. 5, chap. 340, Laws of 1885. 

% As amended by sec. 6, chap. 567, Laws of 1875, and sec. 6, chap. 340, Laws 
of 1885. 



TITLE 2. 

crease 
salary of 
commis- 
sioner. 



How 

assessed. 
Commis- 
sioner's 
expenses 
$200. 



Superin- 
tendent 
may with- 
hold com- 
mission- 
er's salary. 



Commis- 
sioner to 
serve for 
another. 



Not to act 
as agent 
for author 
or pub- 
lisher, etc. 



Duties of 
school 
commis- 
sioner. 

To define 

district 

boundaries, 



Consolidated School Act of 1864. 

adopt a resolution to increase the' salary of their school 
commissioner beyond the one thousand dollars, payable 
to him from the free school fund, it shall be the duty of 
the board of supervisors of the county to give effect to 
such resolution, and they shall assess the increase stated 
therein upon the towns composing such commissioner 
district, ratably, according to the corrected valuations of 
the real and personal estate of such towns. 

*§ 9. The board of supervisors shall annually audit and 
allow to each commissioner within the county the fixed 
sum of two hundred dollars for his expenses, and shall 
assess and levy that amount annually, by tax upon the 
towns composing his district. 

§ 10. Whenever the superintendent of public instruc- 
tion is satisfied that a school commissioner has persistently 
neglected to perform his duties, he may withhold his 
order for the payment of the whole or any part of such 
commissioner's salary as it shall become due, and the sal- 
ary so withholden shall be forfeited ; but the superin- 
tendent may remit the forfeiture, in whole or in part, 
upon the commissioner disproving or excusing such 
neglect. 

§ 11. A commissioner, upon the written request of the 
commissioner of an adjoining district, may perform any 
of his duties for him, and upon requirement of the state 
superintendent of public instruction must perform the 
same. 

§ 12. No school commissioner shall act as agent for any 
author, publisher or bookseller, nor directly or indirectly 
receive any gift, emolument, reward or promise of reward, 
for his influence in recommending or procuring the use 
of any book, or school apparatus, or furniture of any kind 
whatever, in any common- school, or the purchase of any 
book for a district library. Any one who shall procure or 
solicit a violation of this provision, or of any part thereof, 
shall be guilty of a misdemeanor ; and any such violation 
shall subject the guilty commissioner to removal from his 
office by the superintendent of public instruction. 

§ 13. Every commissioner shall have power, and it shall 
be his duty : 

fl. From time to time to inquire and ascertain whether 
the boundaries of the school districts within his district 
are definitely and plainly described in the records of the 

* As amended by sec. 2, chap. 84, Laws of 1867. 
t As amended by sec. 7, chap. 587, Laws of 1875. 



Of School Commissioners. 



proper town clerks ; and in case the record of the bound- TITLE 2 " 
aries of any school district shall be found defective or 
indefinite, or if the same shall be in dispute, then to cause 
the same to be amended, or an amended record of the 
boundaries to be made. All necessary expenses incurred Expense of 



in establishing such amended records, shall be a charge bwlnda? 
upon the district or districts affected, to be audited and ries - 
allowed by the trustee or trustees thereof, upon the certi- 
ficate of the school commissioner. 

2. To visit and examine all the schools and school dis- J" isit 
tricts within his district as often in each year as shall beami ne x 
practicable; to inquire into all matters' relating to the schools * 
management, the course of study and mode of instruction, 
and the text-books and discipline of such schools, and the 
condition of the school-houses, sites, out-buildings and 
appendages, and of the district generally ; to examine the 
district libraries ; to advise with and counsel the trus- libraries, 
tees and other officers of the district in relation to their houses, 
duties, and particularly in respect to the construction, etc< 
warming and ventilation of school-houses, and the im- 
proving and adorning of the school grounds connected 
therewith ; and to recommend to the trustees and teach- stud,es " 
ers the proper studies, discipline and management of the 
schools, and the course of instruction to be pursued. 

*3. Upon such examination, to direct the trustees to To direct 
make any alteration or repair on the school-house or out- 2 f e -° 
buildings which shall, in his opinion, be necessary for the P airs - 
health or comfort of the pupils, but the expense of mak- 
ing such alterations or repairs shall, in no case, exceed the 
sum of two hundred dollars, unless an additional sum May direct 
shall be voted by the district. He may also direct the of nute- n 
trustees to abate any nuisance in or upon the premises, ance " 
provided the same can be done at an expense not exceed- 
ing twenty-five dollars. 

f4. By an order under his hand, reciting the reason or To con- 
reasons, to condemn a school-house, if he deems it wholly S cnooi- ufit 
unfit for use and not worth repairing, and to deliver the houses - 
order to the trustees, or one of them, and transmit a copy 
to the superintendent of public instruction. Such order, 
if no time for its taking effect be stated in it, shall take 
effect immediately. He shall also state what sum, not ^ e e |*^ 
exceeding; eight hundred dollars, will, in his opinion, be necessary 

& .l til. -ui-c i 4. to build 

necessary to erect a school-house capable Oi accommoaat- SC hooi- 
! house. 

* As amended bvsec. 2, chap. 406, Laws of 1867. 

t As amended by sec. 2, ch. 406, Laws of 1867, and by chap. 59.2, Laws of 1887. 



10 

TITLE 2. 

Trustees 
to call 
special 
meeting. 



Trustees 
to build 
school- 
house and 
levy tax 
for same 
if district 
neglect. 



To exam- 
ine and 
license 
teachers. 



Re-exam- 
ine. 



To exam- 
ine charges 
against 
teachers. 



Annul cer- 
tificates. 



Consolidated School Act of 1864. 

ing the children of the district. Immediately upon the 
receipt of said order, the trustee or trustees of such dis- 
trict shall call a special meeting of the inhabitants of said 
district, for the purpose of considering the question of 
building a school-house therein. Such meeting shall have 
power to determine the size of said school-house, the 
material to be used in its erection, and to vote a tax to 
build the same ; but such meeting shall have no power to 
reduce the estimate made by the commissioner aforesaid 
by more than twenty-five per centum of such estimate. 
And where no tax for building such house shall have 
been voted by such district within thirty days from the 
time of holding the first meeting to consider the question, 
then it shall be the duty of the trustee or trustees of such 
district to contract for the building of a school-house 
capable of accommodating the children of the district, and 
to levy a tax to pay for the same, which tax shall not 
exceed the sum estimated as necessary by the commis- 
sioner aforesaid, and which shall not be less than such 
estimated sum by more than twenty-five per centum 
thereof. But such estimated sum may be increased by a 
vote of the inhabitants at any school meeting subse- 
quently called and held according to law. 

*5. To examine persons proposing to teach common 
schools within his district, and not possessing the 'superin- 
tendent's certificate of qualification or a diploma of the 
state normal school, and to inquire into their moral nt : 
ness and capacity, and, if he find them qualified, to grant 
them certificates of qualification, in the forms which are 
or may be prescribed by the superintendent. 

6. To re-examine any teacher holding his or his prede- 
cessor's certificate, and if he find him deficient in learn- 
ing or ability, to annul the certificate. 

7. To examine any charge affecting the moral character 
of any teacher within his district, first giving such teacher 
reasonable notice of the charge, and an opportunity to 
defend himself therefrom ; and if he find the charge sus- 
tained, to annul the teacher's certificate, by whomsoever 
granted, and to declare him unfit to teach; and if the 
teacher held a certificate of the superintendent, or a di- 
ploma of the state normal school, to notify the superin- 
tendent forthwith of such annulment and declaration. 



For additional duties, see chapter 318, Laws of 1882, chap. 30, Laws or 



1884. 



Of State and other School Moneys. 11 



8. And, generally, to use his utmost influence and 
most strenuous exertions to promote sound education, 
elevate the character and qualifications of teachers, im- 
prove the means of instruction and advance the interests 
of the schools under his supervision. 

§ 14. Every school commissioner shall have power to ^onere S to 
take affidavits and administer oaths in all matters pertain- take affida- 
ing to common schools, but without charge or fee ; and, 
under the direction of the superintendent of public 
instruction, to take and report to him the testimony in 
any case of appeal. . 

*§ 15. The commissioners shall be subject to such rules the supe£ 
.and regulations as the superintendent of public instruc- ^/public* 
tion shall from time to time prescribe, and appeals f rom j.? s * ruc " 
their acts and decisions may be made to him, as herein- 
after provided. Thev shall, whenever thereto required m 

. t . « ' t.. To report 

by the superintendent, report to him, as to any particular annually, 
matter or act, and shall severally make to him annually, 
to the twentieth day of August in each year, a report in 
such form, and containing all such particulars as he shall 
prescribe and call for ; and, for that purpose, shall pro- 
cure the reports of the trustees of the school districts 
from the town clerks' offices, and after abstracting the 
necessary contents thereof, shall arrange and indorse them 
properly, and deposit them with a copy of his own abstract 
thereof in the office of the county clerk ; and the clerk 
shall safely keep them. 



TITLE III. 

OF THE STATE AND OTHER SCHOOL MONEYS, THEIR AP- 
PORTIONMENT AND DISTRIBUTION, AND, HEREIN, OP 
TRUSTS AND GIFTS FOR THE BENEFIT OF COMMON 
SCHOOLS. 

FIRST ARTICLE. 

Of the state school moneys and their apportionment by 
the superintendent of public instruction, and payment 
to the county and city treasurers. 

f Section 1. There shall be raised by tax, in the present state tax 
and each succeeding year, upon the real and personal support of 
estate of each county within the state, one mill and one- sehools - 

* As amended by section 1, chap. 413, Laws of 1883 

t Note.— Sec. j, is not followed, as the legislature of each year fixes the rate. 



12 Consolidated School Act of 1864. 



Clerk of 
board of 
supervis- 
ors may 
not omit to 
include 
the state 
school tax. 



How mon- 
ey to be 
deposited. 



Treasurer 
to report. 



Bank book. 



Warrants 
and re- 
ceipts; 
how drawn 
and en- 
tered. 



Comptrol- 
ler may 
withhold 
moneys 
from 
counties. 



Treasurer 
and super- 
intendent 



fourth of a mill upon oach and every dollar of the equal- 
ized valuation of such estate, for the support of common 
schools in the state ; and the proceeds of such tax shall 
be apportioned and distributed as herein jDrovicled. 

§ 2. JSTo clerk of any board of supervisors, or other 
person who shall make out the tax list or assessment roll 
of any town, shall omit to include and apportion among 
the moneys to be raised thereby the amount hereby re- 
quired to be raised for the support of schools, by reason 
of the omission of the board of supervisors to pass a 
resolution for that purpose. 

* § 3. The moneys so raised shall be paid into the state 
treasury, and the treasurer may transfer them from one 
depository to another, by his draft, countersigned and 
entered by the superintendent of public instruction. On 
the first working day of each month the treasurer shall 
make to the superintendent of public instruction a writ- 
ten statement of the condition of the free school fund, 
showing the amount received and paid during the preced- 
ing month, and the balance remaining on hand. The 
bank in which such moneys are deposited shall furnish 
the superintendent of public instruction a book, in which 
the officers of such banks shall make entries of all sums 
deposited therein by the treasurer, from time to* time, to 
the credit of said free school fund. 'No such money shall 
be paid out of the treasury except upon such warrant of 
the superintendent, countersigned by the comptroller, 
referring to the law under which if is drawn. The super- 
intendent shall countersign and enter all checks drawn 
by the treasurer in payment of his warrants, and all 
receipts of the treasurer for such money paid to the treas- 
urer, and no such receipt shall be evidence of payment 
unless it be so countersigned. 

f § 4. The comptroller may withhold the payment of 
any moneys, to which any county may be entitled, from 
the appropriation of the incomes of the school fund and 
the United States deposit fund for the support of com- 
mon schools, until satisfactory evidence shall be furnished 
to him that all moneys required by law to be raised by 
taxation upon such county, for the support of schools 
throughout the state, have been collected and paid, or 
accounted for to the state treasurer ; and whenever, after 
the first day of March in any year, in consequence of the 

*As amended by sec. 8, chap. 567, Laws of 1875. 
tAs amended by sec. 3, chap. 406, Laws of 1867. 
+As amended by sec. 4, chap. 406, Laws of 1867. 



Of State and other School Moneys. 13 



failure of any county to pay such moneys on or hefore^™^,,. 3 ' 
that day, there shall be a deficiency of. moneys in therowmon- 
treasury applicable to the payment of school moneys, to eys ' 
which any other county may be entitled, the treasurer and 
superintendent of public instruction are hereby authorized 
to make a temporary loan of the amount so deficient, and 
such loan, and the interest thereon at the rate of twelve 
per cent per annum, until payment shall be made to the 
treasury, shall be a charge upon the county in default, 
and shall be added to the amount of state tax, and levied 
upon such county by the board of supervisors thereof at 
the next ensuing assessment, and shall be paid into the 
treasury in the same manner as other taxes. 

§5. The moneys raised by the state tax or borrowed state 
as aforesaid to supply a deficiency thereof, and such moneys. 
portion of the income of the United States deposit fund 
as shall be appropriated, and the income of the common 
school fund, when the same are appropriated to the sup- 
port of common schools, constitute the state school moneys, ApporMon- 
and shall be divided and apportioned by the superintend- sup^m^ 
ent of public instruction, on or before the twentieth day tendent. 
of January in each year as follows: and all moneys so A PP ]ied , to 
apportioned, except the library moneys, shall be applied wages. 
exclusively to the payment of teachers' wages. 

* § 6. He shall apportion and set apart from the in- income of 
come of the United. States deposit fund so appropriated states de- 
the amounts required to pay the annual salaries of the p0Slt fund - 
school commissioners elected or elective under this act, to 
be drawn out of the treasury and paid to the several 
com mission eyrs, as hereinbefore provided ; and he shall 
also apportion to each of the cities of the state, and to 
each of the incorporated villages of the state having a 
population of five thousand and upwards, which, under a,„ nA „ 

r r . , , , . , J , - ' ii $800appor- 

special act employs a superintendent ot common schools, turned ; 
or a clerk of the board of education who does the duty viUages" 1 
of supervision, out of the income of the said fund, and |^^{°? 
if insufficient, the deficiency out of the free school fund tendentof 
so appropriated, the sum of eight hundred dollars ; and scaoos ' 
in case any city is entitled to more than one member of 
assembly according to the unit of representation adopted. 

* As amended by chap. 374, Laws of 1876, and by sec. 1, chap. 340, Laws 
1885. This section was changed by sec. 3, chap. 1, Laws of 1881, which reads 
as follows: 

§ 3. In making the annual apportionment of school moneys, the superin- 
tendent of public instruction shall hereafter set apart a sum sufficient to pay 
the salaries of the several school commissioners from the free school fund, 
instead of from the United States deposit fund as heretofore. 



11 Consolidated School Act of 1861. 

by the legislature, five hundred dollars for each additional 
member of assembly, to be expended according to law, 
for the support of the common schools of the city. Fie 
shall then set apart, from the income of the United States 
deposit fund, for and as library moneys, such sum as the x 
legislature shall appropriate for that purpose. He shall 
also set apart from the free school fund a sum not exceed- 
ing four thousand dollars for a contingent fund. He shall 
then set apart and apportion, for and on account of the 
Indian schools under his supervision, a sum which will 
be equitably equivalent to their proportion of the state 
school money, upon the basis of distribution established 
by this act, such sum to be wholly payable out of the 
proceeds of the state tax for the support of common 
schools. After deducting the said amounts, he shall di- 
mainder in vide the remainder of the state school moneys into two 
parts. qua equal parts, and shall apportion them as hereinafter 
specified. 

* § 7. He shall apportion the one-half of the remainder 
equally among the school districts and cities from which 
reports shall have been received in accordance with law, 
as follows : 

To entitle a district to a distributive portion or district 
quota, a qualified teacher, or successive qualified teachers, 
must have actually taught the common school of the dis- 
trict, for at least the term of time hereinafter mentioned,. 
One quota during the last preceding school year. For every addi- 
tional qualified teacher and his successors who shall have 
actually taught in said school during the whole of said 
term, the district shall be entitled to another distributive 
quota ; but pupils employed as monitors, or otherwise, 
shall not be deemed teachers. The aforementioned term, 
during the current school year, shall be six months, and 
thereafter shall be twenty-eight weeks of five school days 
each, inclusive of New Year's day, Washington's birth- 
day, the fourth day of July, Christmas day, and any 
other day which shall be, by law, declared a holiday, 
which shall occur during the term. A deficiency not ex- 
ceeding three weeks during the current year, or in any 
subsequent year, caused by a teacher's attendance upon a 
teachers' institute within the county, shall be excused. 

t § 8. Having so apportioned and distributed the said 
one-half, the superintendent shall apportion the other 



TITLE 3. 
To cities 
having 
more than 
one mem- 
ber of as- 
sembly. 

Library 
moneys. 



Indian 
schools. 



To divide 
the re 



One-half 
apportion 

ment. 



What 
districts to 
receive 
district 
quota. 



for each 
qualified 
teacher. 



Term of 
school. 



Teacher's 
attendance 
at insti- 
tute. 



The re- 
maining 
halt: to be 



* As amended by sec. 2, chap. 340, Laws 1885. 
For other days declared by law to be holidays, see chap, 
amended, on page 108. 
t As amended by sec. 3, chap. 340, Laws of 1885. 



Laws 1875, as 



Of State and other School Moneys. 



half of said remainder, and also the library moneys sepa- a ppor- 
rately, among the counties of the state, according to their ti01ied - 
respective population, excluding Indians residing on their 
reservations, as the same shall appear from the last pre- 
ceding state or United States census ; but as to counties 
in which are situated cities having special school acts, he 
shall apportion to each city the part to which it shall so Apportion- 
appear entitled, and to the residue of the county the part™^£g° t d 
to which it shall appear to be so entitled. If the census to cities - 
according to which the apportionment shall be made does 
not show the sum of the population of any county or 
city, the superintendent shall, by the best evidence he 
can procure, ascertain and determine the population of 
such county or city at the time the census was taken, and 
make his apportionment accordingly. 

§ 9. The superintendent shall apportion to each separate separate 
neighborhood which shall have duly reported such fixed hoods. 
sum as will, in his opinion, be equitably equivalent to its 
portion of all the state school moneys upon the basis of 
distribution established by this act ; such sum to be pay- 
able out of the contingent fund hereinbefore established. 

*§ 10. Whenever any school district or separate neighbor- iyj!®£ fo 

i i i -n i i i i i j- • • • districts 

nood snail nave been excluded from participation m any hav e been 
apportionment made by the superintendent, or by the from the 
school commissioners, by reason of its having omitted to men°t rtlon " 
make any report required by law, or to comply with any f" t P® r j nt 
other provision of law, or with any rule or regulation can make 
made by the superintendent under the authority of law, abie 9 aiiow- 
and it shall be shown to the superintendent that such omis- ance • 
sion was accidental or excusable, lie may, upon the applica- 
tion of such district or neighborhood, make to it an equit- 
able allowance ; and if the apportionment was made by 
himself, cause it to be paid out of the contingent fund : 0ut °£ . 

,.„' . i & . . ' what fund. 

and, it the apportionment was made by the commissioners, 
direct them to apportion such allowance to it, at their 
next annual apportionment, in addition to any apportion- made by 
ment to which it may then be entitled. And the super- thecom- 

.,-,, .,.« / ,. . , . r . missioners. 

inteiident may, m Ins discretion, upon the recommendation 
of the school commissioner having jurisdiction over the the pay- 
district in default, direct that the money so equitably ap- teachers' 
portioned shall be paid in satisfaction of teachers' wages ^ 1 ota ' 
earned by a teacher not qualified in accordance with the teacher 
provisions of the law as hereinafter set forth. a duly 

quali tied 

teacher. 
*As amended by sec. 1, chap. 27, Laws 1880. 



16 Consolidated School Act of 186-4. 



title 3. o -q j£ mone y ^ w bich it is not entitled, or a larger 

Moneys a-p- o . • i ^ i -n 1 ■• i j_ 

portioned sum than it is entitled to, snail, be apportioned to any 
may X be S re- county, or part of a county, or school district, and it shall 
the'sup^ not nave Deen so distributed or apportioned among the 
intendent. districts, or expended, as to make it impracticable so to do, 
the superintendent may reclaim such money or excess, by 
directing any officer in whose hands it may be to pay it 
into the state treasury, to the credit of the free school 
fund ; and the state treasurer's receipt, countersigned by 
the superintendent, shall be his only voucher ; but if it be 
Whenim- impracticable so to reclaim such money or excess, then the 
practicable superintendent shall deduct it from the portions of such 
mo r neys. m county, part of a county or district, in his next annual 
apportionment, and distribute the sum thus deducted, 
equitably among the counties and parts of counties, or 
among the school districts in the state entitled to participate 
in such apportionment, according to the basis of appor- 
tionment in which such excess occurred. 
Deficien- § 12. If a less sum than it is entitled to shall have been 
supplied 6 apportioned by the superintendent to any county, part of 
by supple- a county or school district, the superintendent may make 
portion- a supplementary apportionment to it, of such a sum as 
ment " shall make up the deficiency, and the same shall be paid 
out of the contingent fund, if sufficient, and if not, then 
the superintendent shall make up such deficiency in his 
next annual apportionment. 
To certify § 13. As soon as possible after the making of any an- 
c?e?kl" lty nual or general apportionment, the superintendent shall 
commis 61 *' certify it to the "county clerk, county treasurer, school 
sioner. etc. commissioners and city treasurer or chamberlain, in every 
county in the state ; and if it be a supplemental apportion- 
ment, then to the county clerk, county treasurer and school 
commissioners of the county in which the neighbor- 
hood or the school-house of the district concerned is 
situate. 
Moneys *§ 14, The moneys so annually apportioned by the 

appor- y superintendent shall be payable on the first day of April 
payable next after the apportionment, to the treasurers of the 
firetda several counties and the chamberlain of the city of New 
of April. York, respectively ; and the said treasurers and the cham- 
berlain shall apply for and receive the same as soon as 
payable. 

* As amended by sec. 10, chap. 5i57, Laws of 1875. 



Of State and other School Moneys j Trusts, etc. 17 



TITLE 3. 



SECOND ARTICLE. 

Of trusts for the benefit of common schools, and of 
tow /i school finds, fines, penalties and other moneys 
held or given for their benefit. 

§15. Real and personal estate maybe granted, con- ReaIan< * 
veyed, devised, bequeathed and given in trust and in estate 
perpetuity or otherwise, to the state, or to the superin- trustYor 
tendent of public instruction, for the support or benefit ^ benefit 
ot the common schools withm the state, or within any mon 
part or portion of it, or of any particular common school sc 00 s " 
or schools within it ; and to any county, or the school 
commissioner or commissioners of any county, or to any 
city or any board or officers thereof, or to any school 
commissioner district or its commissioner, or to any town 
or supervisor of a town, or to any school district or its 
trustee or trustees, for the support and benefit of common 
schools within such county, city, school commissioner 
district, town or school district, or within any part or 
portion thereof respectively, or for the support and benefit 
of any particular common school or schools therein. 

§ 16. No such grant, conveyance, devise or bequest ^"aiid^or 
shall be held void for the want of a named or competent r r *g£ e ° f 
trustee or donee, but where no trustee or donee, or an in- donee, 
competent one is named, the title and trust shall vest in 
the people of the state, subject to its acceptance by the 
legislature, but such acceptance shall be presumed. 

§ 17. The legislature may control and regulate the ^re to" 
execution of all such trusts: and the superintendent of control 

,-,.., . -in . -i -i • andregu- 

pubhc instruction shall supervise and advise the trustees, late trusts, 
and hold them to a regular accounting for the trust prop- Superin- 
erty and its income and interest, at such times, in such llq^tre to 
forms, and with such authentications, as lie shall from trustee f to 

' ' account. 

time to time prescribe. 

§ 18. The common council of every city, the board of Certain 
supervisors of every county, the trustees of every village, and C boards 
the supervisor of every town, the trustee or trustees of I^p^L 
every school district, and every other officer or person to superin- 
who shall be thereto required by the superintendent of 
public instruction, shall, on or before the thirtieth day of 
September next, report to him whether any, and if any, 
what trusts are held by them respectively, or by any other 
body, officer or person, to their information or belief for 
3 



18 Consolidated School Act of 1864. 



' school purposes, and shall transmit therewith an authen- 
ticated copy of every will, conveyance, instrument or 
paper embodying or creating the trust ; and shall, in like 
manner, forthwith report to him the creation and terms 
of every such trust subsequently created. 
amPschooi § ^ m ^ vei T supervisor of a town shall, by the thirtieth 
lots. day of September next, report to the superintendent 

whether there be, within the town, any gospel or school 
lot, and, if any, shall describe the same, and state to what 
use, if any, it is put by the town ; and whether it be 
leased, and if so, to whom, for what term and upon what 
rents ; and whether the town holds or is entitled to any 
land, moneys or securities arising from any sale of such 
gospel or school lot, and the investment of the proceeds 
thereof, or of the rents and income of such lots and in- 
vestments, and shall report a full statement and account 
of such lands, moneys and securities. 
Moneys in § 20. Every supervisor of a town shall in like manner, 
of e ove" ds D .y the thirtieth day of September next, report to the 
^'•s°f superintendent whether the town has a common school 

TJiiG poor. » i • ■ -t -i -» , i • 

fund originated under the " act relative to moneys in the 
hands of overseers of the poor," passed April 27, 1829, 
and, if it have, the full particulars thereof, and of its in- 
vestment, income and application, in such, form as the 
superintendent may prescribe, 
tofcfent'to § ^^- ^ n respect to the property and funds in the two 
report to last sections mentioned, the superintendent shall, at the 
iaturl gls next session of the legislature, and annually thereafter, 
include in his annual report a statement and account 
Superin- thereof. And, to these ends, he is authorized, at any time, 
dn require and from time to time, to require from the supervisor, 
from su- board of town auditors, or any officer of a town, a report 
pervisor or a s to any fact, or any information or account, he may 

other town t -i • i i j 

officer. deem necessary or desirable. 

Penalties § 22. Whenever, by any statute, a penalty or fine is 

f" df ™rV imposed for the benefit of common schools, and not ex- 

now paici i n i i i p it 

and appor- pressly of the common schools of a town or school dis- 
trict, it shall be taken to be for the benefit of the common 
schools of the county within which the conviction is had ; 
and the fine or penalty, when paid or collected, shall be 
paid forthwith into the county treasury, and the treasurer 
shall credit the same as school moneys of the county, 
unless the county comprise a city having a special school 
act, in which case he shall report it to the superintend- 
ent, who shall apportion it upon the basis of population 



Or State and othek School Moneys ; Tkusts, etc. 19 



by the last census, between the city and the residue of TITLE 3- 
the county, and the portion belonging to the city shall be 
paid into its treasury. 

§ 23. Every district attorney shall report, annually, to District 
the board of supervisors, all such fines and penalties im- report eyt ° 
posed in any prosecution conducted by him during f ne penalties 
previous year ; and all moneys collected or received by 19 super- 
him or by the sheriff, or any other officer, for or on account 
of such fines and penalties, shall be immediately paid 
into the county treasury, and the receipt of the county 
treasurer shall be a sufficient and the only ypucher for 
such money. 

§ 24. Whenever a fine or penalty is inflicted or imposed Fines and 
for the benefit of the common schools of a town or school to whom 
district, the magistrate, constable or other officer, collect- paid - 
ing or receiving the same, shall forthwith pay the same 
to the county treasurer of the county in which the school- 
house is located, who shall credit the same to the town or 
district for whose benefit it is collected. If the fine or 
penalty be inflicted or imposed for the benefit of the com- 
mon schools of a city having a special school act, or of 
any part or district of a city, it shall be paid into the city 
treasury. 

§ 25. Whenever, by this or any other act, a penalty or Penalties 
fine is imposed upon any school district officer for a vio- districts., 
lation or omission of official duty, or upon any person for 
any act or omission within a school district, or touching 
property or the peace and good order of the district, and 
such penalty or fine is declared to be for, or for the use 
or benefit of the common schools of the town or of the 
county, and such school district lies in two or more towns 
or counties, the town or county intended by the act shall 
be taken to be the one in which the school-house, or the 
school-house longest owned or held by the district is, at 
the time of such violation, act or omission. 

§ 26. Any district attorney, sheriff, justice of the peace, m ™n t ezz e ®' 
police justice or other magistrate or officer, who shall aity for. 
embezzle, or willfully withhold from or omit to pay into 
the county treasury any money received or collected in 
payment or satisfaction, in whole or in part, of any fine 
or penalty in the four last preceding sections mentioned, 
shall be guilty of a misdemeanor ; and any fine imposed 
upon a conviction thereof shall be for the benefit of the 
common schools of the county. 



20 



Consolidated School Act of 1864. 



TITLE 3- 



TTIIRD ARTICLE. 



Apportion- 
ment of 
school 
moneys by 
commis- 
sioners. 

Library 
moneys. 



Shall set 
apart mon- 
eys speci- 
ally appor- 
tioned by 
the super- 
intendent. 



Return of 
unexpend- 
ed moneys 
by super- 
visors. 



Returns 
from treas 
urer of 
fines and 
penalties. 



How ap- 
portioned 



Of the apportionment of the state school moneys, and 
of other school moneys by the school commissioners 
and their poiyment to the supervisors. 

§ 27. The school commissioner, or commissioners of each 
county, shall proceed, at the county seat, on the third 
Tuesday of March in each year, to ascertain, apportion 
and divide £he state and other school moneys as follows : 

1. They shall set apart any library moneys apportioned 
by the superintendent. 

2. From the other moneys apportioned to the county, 
they shall set apart and credit to each separate neighbor- 
hood and school district the amount apportioned to it by 
the state superintendent, and to every district which did 
not participate in the apportionment of the previous year, 
and which the superintendent shall have excused, such 
equitable sum as he shall have allowed to it. 

3. They shall procure from the treasurer of the county 
a transcript of the returns of the supervisors hereinafter 
required, showing the unexpended moneys in their hands 
applicable to the payment of teachers' wages and to library 
purposes, and shall add the whole sum of such moneys to 
the balance of the state moneys to be apportioned for 
teachers' wages. The amounts in each supervisor's hands 
shall be charged as a partial payment of the sums appor- 
tioned to the town for library moneys and teachers' wages 
respectively. 

4. They shall procure from the county treasurer a full 
list and statement of all payments to him of moneys for 
or on account of fines and penalties, or accruing from any 
other source, for the benefit of schools and of the town or 
towns, district or districts for whose benefit the same were 
received. Such of said moneys as belong to a particular 
district, they shall set apart and credit to it ; and such as 
belong to the schools of a town, they shall set apart and 
credit to the schools in that town, and shall apportion 
them together with such as belong to the schools of the 
county, hereinafter provided, for the payment of teachers' 
wages. 



Of Apportionment by School Commissioners. 21 



*5. They shall apportion library moneys to the school Appor . 
districts, and parts of school districts, joint with parts in th , | 1 !™|^ t 
an}' city or in any adjoining county, which shall be enti- moneys 
tied to participate therein as hereinafter specified, in pro- to aggr<£ S 
portion to the aggregate number of days of attendance of tendance 
children in each between the ages of five and twenty-one of children 
years, as the same shall appear from the reports of the 
trustees for the last preceding school year. 

6. They shall apportion in like manner and upon the Remaining 
same basis, until the apportionment of the year eighteen moue y s - 
hundred and sixty-six, the remaining unapportioned 
moneys among such school districts and parts of school 
districts. 

|7. In the apportionment of eighteen hundred and New basis 
eighty-nine, and in every subsequent apportionment, they iu lb89- 
shall apportion all of such remaining unapportioned ■ 
moneys, in like manner and upon the same basis, among 
such school districts and parts of districts in proportion to 
the aggregate number of days of attendance of the pupils 
resident therein, between the ages of five and twenty-one 
years, at their respective schools during the last preced- 
ing school year. The aggregate number of days of According 
attendance of the pupils is to be ascertained from the g°te S nurn- 
records thereof kept by the teachers as hereinafter pre- £ e *£[£$* 
scribed, by adding together the whole number of days' ance. 
attendance of each and every such pupil in the district, 
or part of a district. 

8. They shall then set apart to each town the moneys 
so set apart and apportioned to each separate neighbor- 
hood; to each district, the school-house of which is 
therein; and to each part of a joint district therein the 
school house of which is located in a city or in a town in 
an adjoining county. 

9. They shall sign, in duplicate, a certificate, showing certificates 

, , J V- -i -i , i. l. -I ,° ot appor- 

the amounts apportioned and set apart to each, separate tionment. 
neighborhood, school district and part of a district, and 
thetowns in which they are situated, and shall designate 
therein the source from which each item of the aggregate 
to each district and tow r n was derived ; and shall forth- 
with deliver one of said duplicates to the treasurer of the 
county and transmit the other to the superintendent of 
public instruction. 

10. They shall certify to the supervisor of each town certify to 

*As amended by chap. 602, Laws of 1887. 

+ As amended by sec. 1, chap. 492, Laws of 1SS1, and sec. 4, chap. 340, Laws 
of 1885, and chap. 602, Laws of 1887. 



22 



Consolidated School Act of 1864. 



TITLE 3. 
the super- 



Erroneous 
apportion- 
ment, how 
remedied. 



What dis- 
trict enti- 
tled to 
public 
moneys. 



Supervisor 
to make 
apportion- 
ment and 
file the 
original. 



Supervisor 
to give 
bonds. 



Tn case of 
vacancy in 
office of. 
supervisor. 



the amount of school moneys so apportioned to his town, 
and the portions thereof to be paid by him for library 
purposes and for teachers' wages, to each such distinct 
separate neighborhood, district and part of a district. 

§ 28. If in their apportionment, through any error of 
the commissioners, any district shall have apportioned to 
it a larger or a less share of the moneys than it is entitled 
to, the commissioners may in their next annual apportion- 
ment, with the approbation of the superintendent, correct 
the error by an equitable deduction from or augmentation 
of the share of such district. 

§ 29. No district or part of a district shall be entitled 
to any portion of such school moneys on such apportion- 
ment unless the report of the trustees for the preceding 
school year shall show that a common school was sup- 
ported in the district and taught by a qualified teacher 
for such a term of time as would, under section seven of 
this title, entitle it to a distributive share under the appor- 
tionment of the superintendent. 

§ 30. On receiving the certificate of the commissioners, 
each supervisor shall forthwith make a copy thereof for 
his own use, and deposit the original in the office of the 
clerk of his town ; and the moneys so apportioned to 
his town shall be paid to him immediately on his com- 
pliance with the requirements of the next section, and not 
before. 

*§ 31. Immediately on receiving the commissioners' 
certificate of apportionment, the county treasurer shall 
require of each supervisor, and each supervisor shall give 
to the treasurer, in behalf of the town, his bond, with two 
or more sufficient sureties, approved by the treasurer, in 
the penalty of at least double the amount of the school 
moneys set apart or apportioned to the towm, and of any 
such moneys unaccounted for by his predecessor, condi- 
tioned for the faithful disbursement, safe-keeping and 
accounting for such moneys, and of all other school 
moneys, that may come into his hands from any other 
source. If the condition shall be broken, the county 
treasurer shall sue the bond in his own name, in behalf of 
the town, and the money recovered shall be paid over to 
the successor of the supervisor in default, such successor 
having first given security as aforesaid. Whenever the 
office of a supervisor shall become vacant, by reason of 
the expiration of his term of service or otherwise, the 

*As amended by sec. 11, chap. 587, Laws of 1875. 



Of Apportionment by School Commissioners. 23 



TITLE 4. 



county treasurer shall require the person elected or ap- 
pointed to fill such vacancy to execute a bond, with two 
or more sureties, to be approved by the treasurer, in the 
penalty of at least double the sum of the school moneys 
remaining in the hands of the old supervisor, when the 
office became vacant, conditioned for the faithful disburse- 
ment, safe-keeping and accounting for such moneys. 
But the execution of this bond shall not relieve the super- 
visor from the duty of executing the bond first above 
mentioned. 

§ 32. The refusal of a supervisor to give such security ^ f "|ecu° 
shall be a misdemeanor, and any fine imposed on his con- rityamis- 
viction thereof shall be for the benefit of the common Count 
schools of the town. Upon such refusal, the moneys so judge may 
set apart and apportioned to the town shall be paid to and p^rsoifto 
disbursed by some other officer or person to be designated ^om the 
by the county judge, under such regulations and with set apart 
such safeguards as he may prescribe, and the reasonable tioned P to r " 
compensation of such officer or person, to be adjusted by phaiibe 1 
the board of supervisors, shall be a town charge. P aid - 



TITLE IV. 

OF THE DISBURSEMENT OF THE SCHOOL MONEYS BY THE 
SUPERVISORS, AND OF SOME OF THEIR SPECIAL POWERS 
DUTIES AND LIABILITIES UNDER THIS ACT. 

Section 1. The several supervisors continue vested with ®" s p ^be" 
the powers and charged with the duties formerly vested trustees of 
in and charged upon the trustees of the gospel and school fchooi an 
lots, and transferred to and imposed upon town super- lots - 
intendents of common schools by chapter one hundred 
and eighty-six, of the laws of one thousand eight hundred 
and forty-six. 

8 2. The several supervisors continue vested with the Powers 

it 1 • i i i • r i i= under for- 

powers and charged with the duties conferred and nn- mer acts, 
posed upon the commissioners of common schools by the 
act of eighteen hundred and twenty-nine, entitled "An 
act relative to moneys in the hands of overseers of the 
poor." 

§ 3. A supervisor who shall embezzle or apply to his Embezzie- 

° . - 1 ., .ill- merit of 

own private use any money or security received by him moneys by 
under any provisions of this act, including the two preced- rs. ervis ~ 
ing sections of this title, shall be guilty of a misdemeanor, 



" r 24 Consolidated School Act of 1864. 



title 4. anc j an y. £ ne i m posed n pon a conviction thereof shall be 

for the benefit ot the common schools of the town. 
To make a § 4. On the first Tuesday of March in each year, each 
ujoneysfn. supervisor shall make a return in writing to the county 
hands treasurer for the use of the school commissioners, 
showing the amounts of school moneys in his hands not 
paid out on the orders of trustees for teachers' wages, nor 
drawn by them for library purposes, and the districts to 
which they stand accredited (and if no such money remain 
in his hands, he shall report that fact) ; and thereafter he 
shall not pay out any of said moneys until he shall have 
received the certificate of the next apportionment; and 
the moneys so returned by him shall be re- apportioned as 
hereinbefore directed. 
Forne fc Tect § ^* ^ny supervisor who neglects to make the said re- 
' turn, or shall make a false return, shall forfeit twenty -five 
dollars, to be recovered by his successor in office, or if he 
be re-elected, by the county treasurer of the county in 
which the town lies, for the benefit of the common 
schools of the county, 
ors^dutfes § ®' ^ ^ s tae duty of every supervisor : 
How to *1. To disburse the school moneys in his hands, appli- 

theschooi caD l e to the payment of teachers' wages, upon and only 
moneys, upon the written orders of a sole trustee, or a majority of 
ers' wages, the trustees, in favor of qualified teachers, or upon the 
order of a trustee of a separate neighborhood in favor of 
any teacher of a school in an adjoining state, recognized 
by him and patronized by the inhabitants of such neigh- 
borhood. Such teacher shall be deemed a qualified 
teacher. 
Library -J- 2. To disburse the library moneys upon, and only upon 

the written orders of a sole trustee, or of a majority of 
the trustees. 
To pay to 3. In the case of a union free school district, to pay 
urer'oTa" ° ver a U tne school money apportioned thereto, whether 
union free f or t j ie payment of teachers' w T affes, or as library moneys, 

SChoOl 1 ■/ - , .=> ' J n • 

district. to the treasurer ot such district, upon the order of its 

board of education, 
account of 1 4. To keep a just and true account of all the school 
an school moneys received and disbursed by him during each year, 
received and to lay the same, with proper vouchers, before the 
burse- S ' board of town auditors at each annual meeting thereof, 
ments. 5_ "p have a bound blank book (the cost of which shall 

* As amended by sec. 12, chap. 567, Laws of 1875. 
t As amended by sec. 13, chap. 507, Laws of 1875. 



Of the Duties of the Town Clerk. 25 



TITLE 5. 



be a town charge f, and to enter therein all his receipts and 
disbursements of school moneys, specifying from whom 
and for what purposes they were received, and to whom 
and for what purposes they were paid out ; and to deliver 
the book to his successor in office. 

6. Within fifteen days after the termination of his account 
office, to make out a just and true account of all school £ ) '* 1 th 1 e .^ 
moneys theretofore received by him and of all disburse- and notify 
merits thereof, and to deliver the same to the town clerk, cessor C 

to be filed and recorded, and to notify his successor in tnere °f- 
office of such rendition and filing. 

7. So soon as the bond to the county treasurer, by the 
third article of the third title of this act required, shall 
have been given by him and approved by the treasurer, 

to deliver to his predecessor the treasurer's certificate of P redeces- re 
these facts, to procure from the town clerk a copy of his C ount aC and 
predecessor's account, and to demand and receive from deniand . 

j. ' unci rscGiv© 

him any and all school moneys remaining in his hands, moneys. 

8. Upon receiving such a certificate from his successor, When to 
and not before, to pay to him all school moneys remain- cessor 
ing in his hands, an<? to forthwith file the certificate in remaining 
the town clerk's office. hands 

9. By his name of office, when the duty is not elsewhere to sue for 
imposed by law, to sue for and recover penalties and for- coverpen- 
fcitures imposed for violations of this act, and for any de- aties and 
fault or omission of any town officer or school district ures. 
board or officer under tins act; and after deducting lns Tore P° rt; 
costs and expenses, to report the balances to the school commis- 
commissioner. " ' 

10. To act, when thereto legally required, in the erec- or altera 
tion or alteration of a school district, as in the sixth title sciiooi a 
of this act provided, and to perform any other duty which district - 
may be devolved upon him by this act, or any other act 
relating to common schools. 



TITLE V. 

OF THE DUTIES OF THE TOWN CLERK UNDER THIS ACT. 

Section 1. It shall be the duty of the town clerk of Duties of 

, J town 

each town : clerk. 

1. Carefully to keep all books, maps, papers and rec- 
ords of his office touching common schools, and forth- 
with to report to the supervisor any loss of or injury to 
any of them which may happen. 



26 



Town 
clerk to 
report 
names of 
district 
officers to 
commis- 
sioners. 

To distrib- 
ute blanks 
and circu- 
lars from 
superin- 
tendent of 
public in- 
struction. 

Account 
to be kept 
by. 



To record 
descrip- 
tions of 
school 
district. 



Consolidated School Act of 1864. 

2. To receive from the supervisor flhe certificates of 
apportionment of school moneys to the town, and to record 
them in a book to be kept for that purpose. 

3. Forthwith to notify the trustees of the several school 
districts and separate neighborhoods, of the filing of each 
such certificate. 

*4. To see that the trustees of the school districts and 
separate neighborhoods make and deposit with him their 
annual reports within the time prescribed by law, and to 
deliver them to the school commissioner on demand; and 
to furnish the school commissioner of the school commis- 
sioner district in which his town is situated, the names 
and post-office address of the school district officers re- 
ported to him by the district clerks. 

5. To distribute to the trustees of the school districts 
and separate neighborhoods, all blanks and circulars which 
shall be delivered or forwarded to him by the state super- 
intendent or school commissioner for that purpose. 

6. To receive from the supervisor, and record in a book 
kept for that purpose, the annual account of the receijDts 
and disbursements of school money* required to be sub- 
mitted to the town auditors together with the action of 
the town auditors thereon, and to send a copy of the ac- 
count and of the action thereon, by mail, to the superintend- 
ent of public instruction, whenever required by him, and 
to file and preserve the vouchers accompanying the ac- 
count. 

7. To receive and to record, in the same book, the super- 
visor's final account of the school moneys received and 
disbursed by him, and deliver a copy thereof to such 
supervisor's successor in office. 

8. To receive from the outgoing supervisor, and file 
and record in the same book, the county treasurer's certi- 
ficate, that his successor's bond has been given and ap- 
proved. 

9. To receive, file and record the descriptions of the 
school districts and neighborhoods, and all papers and pro- 
ceedings delivered to him by the school commissioner pur- 
suant to the next title of this act. 

10. To act, when thereto legally required, in the erec- 
tion or alteration of a school district, as in the next title 
of this act provided. 

fll. To receive and preserve the books, papers and 

* As amended by sec. 5, chap. 647, Laws of 1865. 

t Original sub-division 11 stricken out by sec. 18, chap. 647, Laws of 1865. 



Formation and Alteration of School Districts. 27 



records of any dissolved school district, which shall be To p ^ e . 
ordered, as hereinafter provided, to be deposited in his serve 

office. dissolved 

12. To perform any other duty which may be devolved dlstnct - 
upon him by this act, or by any other act touching common 
schools. 

§ 2. The necessary expenses and disbursements of the chtrels 
town clerk in the performance of said duties, are a town ™nsts' 
charge, and shall be audited and paid as such. 

TITLE YI. 

OF THE FORMATION, DISSOLUTION AND ALTERATION OF 
• SCHOOL DISTRICTS AND SEPARATE NEIGHBORHOODS. 

Section 1. It shall be the duty of each school com mis- sio™e™ s ~ 
sioner, in respect to the territory within his district : respect'to 

1. To divide it, so far as practicable, into a convenient school dis- 
number of school districts, and alter the same as herein 
provided ; 

2. In conjunction with the commissioner or commis- To set off 
sioners of an adjoining school commissioner district or tricts. 
districts, to set off joint districts composed of adjoining 

parts of their respective districts ; 

3. To set off by itself any neighborhood adjoining any To set off 
other state of the Union, where it shall be found most Hood, 
convenient for the inhabitants to send their children to a 
school in such adjoining state ; 

4. To describe and number the school districts, andTonumbei 
joint districts, and to deliver, in writing, to the town l^bedis- 
clerk, the description and number of each district lying tricts - 

in whole or in part in his town, together with all notices, 
consents and proceedings relating to the formation or 
alteration thereof, immediately after such formation or 
alteration. Every joint district shall bear the same number 
in every school commissioner district of whose territory 
it is in part composed. 

5. To deliver to the town-clerk of the town in which d r g S d( r- li ! er 
it lies, in whole or in part, a description of each such tion of 

, -ill i separate 

separate neighborhood. neighbor- 

* § 2. "With the written consent of the trustees of all hood 
the districts to be affected thereby, he may, by order, districts 61 " 
alter any school-district within his jurisdiction, and fix, ™^££ n " 
by said order, a day when the alteration shall take effect, trustees. 

* As amended by sec. 5, chap. 406, Laws of 1867. 



2S 



Consolidated School Act of 1864. 



TITLE 6 
When trus- 



Procedure 
on the re- 
fusal of 
trustees to 
the altera- 



trict. 



§ 3. If the trustees of any such district refuse to con- 
tees refuse sent, he may make and file with the town-clerk his order 
making the alteration, but reciting the refusal, and direct- 
ing that the order shall not take effect, as to the dissent- 
ing district or districts, until a day therein to be named, 
and not less than three months after the notice in the 
next section mentioned. 

f § 4. Within ten days after making and filing such order, 
he shall give at least a week's notice in writing to one or 
more of the assenting and dissenting trustees of any dis- 
schoof-dis- tr ' ct or districts to be affected by the proposed alterations, 
that at a specified time, and at a named place within the 
town in which either of the districts to be affected lies, 
he will hear the objections to the alteration. The trus- 
tees of any district to be affected by such order may 
request the supervisor and town clerk of the town or 
towns within which such district or districts shall wholly 
or partly lie, to be associated with the commissioner. At 
the time and place mentioned in the notice, the com- 
missioner or commissioners, with the supervisors and 
town-clerks, if they shall attend and act, shall hear and 
decide the matter ; and the decision shall be final, unless 
duly appealed from. Such decision must either confirm 
or vacate the order of the commissioner, and must be filed 
with and recorded by the town clerk of the town or towns 
in which the district or districts to be affected shall lie. 

§ 5. The supervisor and town clerk shall be entitled 
each, to one dollar and fifty cents a day, for each day's 
service in any such matter, to be levied and paid as a 
charge upon their town. 

§ 6. AYhenever it may become necessary or convenient 
to form a school district out of parcels of two or more 
school commissioner districts, the commissioners of such 
districts, or a majority of them, may form such district ; 
and the commissioners within whose districts any such 
school district lies, or a majority of them, may alter or 
dissolve it. 

§ 7. If a school commissioner, by notice in writing, 
shall require the attendance of the other commissioner or 
commissioners, at a joint meeting for the purpose of alter- 
ing or dissolving such a joint district, and a majority of 
all the commissioners shall refuse or neglect to attend, 
the commissioner or commissioners attending, or any one 

* As amended by sec. 6, <;hap. 40b, Laws of 1867. 
t As amended by sec. 6. chap. 617, Laws of 18G5. 



Fees of 
supervisor 
and town 
clerk. 



Formation 
of joint 
districts. 



Alteration 
or dissolu- 
tion of a 
joint 
district. 



Formation and Alteration of School Districts. 29 



of them, may call a special meeting of such school district, TITLK b - 
for the purpose of deciding whether or no such district 
shall be dissolved; and its decision of that question shall 
be as valid as though made by the commissioners. 

§ 8. When two or more districts shall be consolidated £on S of' da ' 
into one, the new district shall succeed to all the rights of districts- 
property possessed by the annulled districts. 

*§ 9. When a district is parted into portions, which are f£ j^™ 1801, 
annexed to other districts, its property shall be sold property of 
by the supervisor of the town within which its school- aFstricts- 
honse is situate, at public auction, after at least five days' 
notice, by notices posted in three or more public places 
of the town in which the school-house is, one of which 
shall be posted in the district so dissolved. The supervi- 
sor, after deducting the expenses of the sale, shall apply 
its proceeds to the payment of the debts of the district, 
and apportion the residue, if any, among the owners or 
possessors of taxable property in the district, in the ratio 
of their several assessments on the last corrected assess- 
ment-roll or rolls of the town or towns, and pay it over 
accordingly. 

§ 10. The supervisor of the town within which the Supervisor 
school-house of the dissolved district was situate may for out- 
demand, sue for, aud collect, in his name of office, any^ney!! 
money of the district outstanding in the hands of any of 
its former officers, or any other person ; and after deduct- 
ing his costs and expenses, shall report the balance to the 
school commissioner, who shall apportion the same equit- 
ably among the districts to which the parts of the dis- 
solved districts were annexed, to be by them applied as 
their district meetings shall determine. 

§ 11. Though a district be dissolved, it shall continue Dissolved 

" . . ' ,. . , ,. n , district to 

to exist m law, lor the purpose of providing tor and pay- exist in 
ing all its just debts ; and to that end the trustees and settlement 
other officers shall continue in office, and the inhabitants^^ 
may hold special meetings, elect officers to supply vacan- 
cies, and vote taxes ; and all other acts necessary to raise 
money and pay such debts shall be done by the inhabit- 
ants and officers of the district. 

8 12. The commissioner, or a majority of the commis- Records, 

. c . i ,. . ',. . 'ti i i it etc., to be 

sioners in whose district or districts a dissolved school dis- deposited 
trict was, shall by his or their order in writing, delivered cierj£.° wn 
to the clerk of the district, or to any person in whose pos- 
session the books, papers and records of the district, or 

* As amended by sec. 14, chap. 567, Laws of 1875. 



30 



Consolidated School Act of 1864. 



title 7. an y f thgjj^ ma y ^ e> direct such clerk or other person 

to deposit the same in the clerk's office in a town in the 

re e fusaUo r order named. Such clerk or other person, by neglect or 

obey com refusal to obey the order, shall forfeit fifty dollars, to be 

order. applied to the benefit of common schools of said town. 

The commissioner or commissioners shall file a duplicate 

of the order with such clerk. 



TITLE VII. 

OF SCHOOL DISTKICT AND NEIGHBORHOOD MEETINGS, AND OF 
THE CHOICE, DUTIES AND POWERS OF SCHOOL DISTRICT 
AND NEIGHBORHOOD OFFICERS. 



Commis- 
sioner to 
describe 
new dis- 
trict and 
appoint a 
time for 
first meet- 
ing. 



Notice of 
such meet 
ing. 



Notice of 
such meet- 
ing. 



When 
commis- 
sioner may 
call meet 



FIRST ARTICLE. 

Of school district and neighborhood meetings, the voters 
and their powers generally. 

Section 1. Whenever any school district or separate 
neighborhood shall be formed, the commissioner or any 
one or more of the commissioners, within whose district 
or districts it may be, shall prepare a notice describing 
such district or neighborhood, and appointing a time and 
place for the first district or neighborhood meeting, and 
deliver such notice to a taxable inhabitant of the district 
or neighborhood. 

§ 2. It shall be the duty of such inhabitant to notify 
every other inhabitant of the district or neighborhood, 
qualified to vote at the meeting, by reading the notice in 
his hearing, or in case of his absence from home, by leav- 
ing a copy thereof, or so much thereof as relates to the 
time, place and object of the meeting, at the place of his 
abode at least six days before the time of the meeting. 

§ 3. In case such meeting shall not be held, and in the 
opinion of the commissioner it shall be necessary to hold 
such meeting before the time herein fixed for the first 
annual meeting, he shall deliver another such notice to a 
taxable inhabitant of the district or neighborhood, who 
shall serve it as hereinbefore provided. 

§ 4. When the clerk and all the trustees of a school 
district shall have removed from the district, or their office 
shall be vacant, so that a special meeting cannot be called, 
as hereinafter provided, the commissioner may m like 
manner give notice of and call a special district meeting. 



Of School Districts, Meetings, etc. 31 



§5. Every taxable inhabitant to whom a notice of Penalty " 
any district meeting shall be delivered for service, pur- for refusal 
suant to any provision of this article, who shall refuse or notice.' 
neglect to serve the same, as hereinbefore prescribed, 
shall forfeit five dollars for the benefit of the district. 

* § 6. A special district meeting shall be held when- special 
ever called by the trustees. The notice thereof shall m 
state the purposes for which it is*called, and no business 
shall be transacted at such special meeting, except that 
which is specified in the notice ; and the district clerk, or 
if the office be vacant, or he be sick or absent, or shall 
refuse to act, a trustee or some taxable inhabitant, by 
order of the trustees, shall serve the notice upon each 
inhabitant of the district qualified to vote at district 
meetings, at least five days before the day of the meet- 
ing, in the manner prescribed in the second section of this 
title. But the inhabitants of any district may, at any Annual 



meeting 



annual meeting, adopt a resolution prescribing some other may pre- 
mode of giving notice of special meetings, which resolu- ^"o^giv^ 
tion and the mode prescribed thereby shall continue in j- "f spe^ai 
force until rescinded or modified at some, subsequent an- meetings, 
nual meeting. 

§ T. The proceedings of no neighborhood or district £fg S c f e e g al 
meeting, annual or special, shall be held illegal for want except in 
of a due notice to all the persons qualified to vote thereat, fraudulent 
unless it shall appear that the omission to give such notice ne ^ lect - 
was willful and fraudulent. 

f § 8. The annual meeting of each neighborhood shall annua*! 
be held on the last Tuesday of August in each year, at ™®|hbor- iu 
the hour and place fixed by the last previous neighbor- hood, 
hood meeting, or, if such hour and place has not been so 
fixed, then at the hour and place of such last meeting ; 
or, if such place be no longer accessible, then at such 
other place as the trustees, or if there be no trustees, the 
clerk shall in the notices designate. 

\ § 9. An. annual meeting of each school district shall pi™ of d 
be held the last Tuesday of August in each year, and ^^f 
unless the hour and the place thereof shall have been meeting, 
fixed by a vote of a previous district meeting, the same 
shall be held in the school-house at seven o'clock in the 
evening. If a district possesses more than one school- 

* As amended by sec. 15, chap. 567, Laws of 1875. 

t As amended by sec. 7, chap. 647, Laws of 1865, and by sec. 2, chap. 413. 
Laws of 1883. 

% As amended by sec. 16, chap. 567, Laws of 1875, and by sec. 3, chap. 
413, Laws of 1883. 



32 Consolidated School Act of 1864. 



house it sliall be held in the one usually employed for 
that purpose, unless the trustees designate another. If 
the district possesses no school-house, or if the school- 
house shall be no longer accessible, then the annual meet- 
ing shall be held at such place as the trustees, or if there 
be no trustee, the clerk shall designate in the notice. 
Procedure § 10. Whenever the time for holding the annual meet- 
annuai * ing in school districts^shall pass without such meeting 
Easfnof being held in any district, a special meeting shall there- 
beenheid. after be called by the trustees or by the clerk of such 
district, for the purpose of transacting the business of the 
annual meeting; and if no such meeting be called by the 
trustees or the clerk within twenty days after such time 
shall have passed, the supervisor or the superintendent of 
public instruction may order any inhabitant of such dis- 
trict to give notice of such meeting in the manner pro- 
vided in the second section of this title, and the officers 
of the district shall make to such meeting the reports re- 
quired to be made at the annual meeting, subject to the 
same penalty in case of neglect ; and the officers elected 
at such meeting shall hold their respective offices only 
until the next annual meeting and until their successors 
are elected and shall have qualified as in this act pro- 
vided. 
Duty of in § 11. Whenever any district or neighborhood meeting 
whenmeet- sna ^ oe duly called, it shall be the duty of the inhabitants 
qualified to vote thereat to assemble at the time and place 
fixed for the meeting. 
Voters: *§ 12. Every person of full age residing in any neigh- 

flcations ali horhood or school district, and entitled to hold lands in 
this state, who owns or hires real property in such neigh- 
borhood or school district liable to taxation for school pur- 
poses, and every resident of such neighborhoood or district 
who is a citizen of the United States above the age of 
twenty-one years, and who is the parent of a child or 
children of school age, some one or more of whom shall 
have attended the district school for a period of at least 
eight weeks within one year preceding, and every such 
person not being the parent who shall have permanently 
residing with him or her such child or children, and every 
such resident and citizen as aforesaid, who owns any per- 
sonal property assessed on the last preceding assessment 
roll of the town, exceeding fifty dollars in value, exclusive 

* As amended by sec. 7, chap. 406, Laws of 1S67, and by sec. 2, chap. 492, 
Laws of 1881, and by sec. 1, chap. 655, Laws of 1886. 



called . 



Of School Districts,. Meetings, etc. 33 



of such as is exempt from execution, and no other, shall TITLE 7 - 
be entitled to vote at any school meeting held in such 
neighborhood or district. 

§ 1 3. If any person offering to vote at any neighbor- fi e n d q "ote rs . 
hood or school district meeting shall be challenged as un- Challenge ' 
qualified, by any legal voter in such neighborhood or 
district, the chairman presiding at such meeting shall re- 
quire the person so offering, to make the following dec- 
laration : " I do declare and affirm that I am an actual 
resident of this school district (or separate neighborhood), 
and that I am qualified to vote at this meeting." And 
every person making such declaration shall be permitted }?o n lara " 
to vote on all questions proposed at such meeting ; but if 
any person shall refuse to make such declaration, his vote 
shall be rejected. 

§ 14. Any person who, upon being so challenged, shall } Ue8 ^ ot ' 
willfully make a false declaration of his right to vote at 
any such meeting, shall be deemed guilty of a mis- 
demeanor, and punished by imprisonment in the county 
jail for not less than six months nor more than one year. 
And any person not qualified to vote at any such meeting, 
who shall vote thereat, shall thereby forfeit five dollars, 
to be sued for by the supervisors for the benefit of the 
common schools of the town. 

§ 15. The inhabitants of any neighborhood entitled to JJjggjJ* 
vote, when assembled in any annual meeting or any other hood meet- 
neighborhood meeting duly called by the commissioner, mg " 
pursuant to the first or third sections of this title, shall have 
power by a majority of the votes of those present : 

1. To appoint a chairman for the time being. 

2. To choose a neighborhood clerk and one trustee, and 
to iill vacancies in office. 

§16. The inhabitants so entitled to vote, when duly Powers of 
assembled in any district meeting, shall have power, by a ml/ting. 
majority of the votes of those present : 

1. To appoint a chairman for the time being. 

2. If the district clerk be absent, to appoint a clerk for 
the time. 

3. To adjourn from time to time, as occasion may re- 
quire. 

*4. To choose one or three trustees as hereinafter pro- 
vided, a district clerk, a district collector, a librarian, at their 

♦Note — In relation to election of trustees in districts having over 300 chil- 
dren of school age, see chapter 248, Laws of 1878, in the appendix. 



34 



Amount of 

collector's 

bail. 



Sites. 



Tax for 
sites, etc. 



Tax for ap- 
paratus 
and text- 
books. 



Tax for 
district 
library. 



"For defi- 
ciency. 



Insurance 
on school- 
house 



To replace 
moneys 
embezzled; 
and to pay 
costs of 
suits and 
appeals. 



Tax for 
contingen- 
cies. 



Consolidated School Act of 1864. 

first meeting, and so often as snch offices or any of them 
become vacated, except as hereinafter provided. 

5. To fix the amount in which the collector shall give 
bail for the due and faithful performance of the duties of 
his office. 

6. To designate a site for a school-house, or, with the 
consent of the commissioner or commissioners within 
whose district or districts the school district lies, to desig- 
nate sites for two or more school-houses for the district. 

*7. To vote a tax upon the taxable property of the district 
to purchase, lease or improve such site or sites, and to 
hire, build or purchase such school-houses, and to keep in 
repair and furnish the same with necessary fuel and ap- 
pendages. 

8. To vote a tax, not exceeding twenty-five dollars in 
any one year, for the purchase of maps, globes, black- 
boards, and other school apparatus, and for the purchase 
of text-books and other school necessaries for the use of 
poor scholars of the district. 

f9. To vote a tax, not exceeding ten dollars in any one 
year, for the purchase of such books as they shall direct 
for the district library, and such further sum as they may 
deem necessary for the purchase of a book-case. 

10. To vote a tax to supply a deficiency in any former 
tax, arising from such tax being, in whole or in part, un- 
collectible. 

11. To authorize the trustees to cause the school-house 
or school-houses, and their furniture, appendages and 
school apparatus to be insured by any insurance company 
created by or under the laws of this state. 

12. To alter, repeal and modify their proceedings from 
time to time, as occasion may require. 

13. To vote a tax for the purchase of a book for the 
purpose of recording their proceedings. 

14. To vote a tax to replace moneys of the district, lost 
or embezzled by district officers ; and to pay the reasona- 
ble expenses incurred by district officers in defending 
suits or appeals brought against them for their official 
acts, or in prosecuting suits or appeals by direction of the 
district against other parties. 

15. To vote a tax, not exceeding twenty-five dollars in 
each year, for anticipated deficiencies or contingencies, or 
to pay the wages of teachers in anticipation of the ordi- 

* As amended by sec. 17, chapter 56", Laws of 1875. 

t Amended so as to admit of voting $50 a year. See sec. 1, title 8 of this 
act, as amended by sec. 26, chap. 567, Laws of 1875. 



Of School Districts, Meetings, etc. 35 



nary collections for that purpose, to be replaced by such 
collections when made. 

* 16. To vote a tax to pay whatever deficiency there Tax for 
may be in teachers' wages after the public money appor- wages, 
tioned to the district shall have been applied thereto ; but 
if the inhabitants shall neglect or refuse to vote a tax for 
this purpose, or if they shall vote a tax which shall prove 
insufficient to cover such deficiency, then the trustees are 
authorized, and it is hereby made their duty, to raise by 
district tax, any reasonable sum that may be necessary to 
pay the balance of teachers' wages remaining unpaid, the 
same as if such tax had been authorized by a vote of the 
inhabitants. 

f 17. To vote a tax to pay and satisfy of record any Tax to pay 
judgment or judgments of a competent court which may for teach- 
have been or shall hereafter be obtained in an action ers ' wages - 
against the trustees of the district for unpaid teachers' 
wages, against the trustees of the district where the time 
to appeal from said judgment or judgments shall have 
lapsed, or there shall be no intent to appeal on the part of 
such district, or the said judgment or judgments is or are 
or shall be of the court of highest resort ; but if the in- 
habitants shall neglect or refuse to vote a tax for this pur- Trusteeg to 
pose, or if they vote a tax which shall prove insufficient le yy tax 

■* #• 1, ' !• • i • -i -l i i without 

to fully satisfy said judgment or judgments, then the trus-voteof 
tees are authorized and it is hereby made their duty to lstrlct - 
raise by district tax the amount of said judgment or 
judgments or the deficiency which may exist in any tax 
voted by said inhabitants to pay said judgment or judg- 
ments, the same as if such tax had been authorized by a 
vote of the inhabitants, and the trustees are hereby au- 
thorized and it is hereby made their duty forthwith, after Trustees to 
the expiration of thirty days from notice of any judg-fng llneet " 
ment or judgments hiving been entered against the dis- 
trict or the trustees thereof for unpaid teachers' wages, to 
call a meeting of the inhabitants of said district, who 
shall have power as aforesaid to vote a tax to pay said 
judgment or judgments, and in case they refuse or neglect 
to do so, the trustees are authorized and it is hereby made 
their duty, unless said judgment or judgments are ap- 
pealed from, to raise by district tax the amount of said 
judgment or judgments as hereinbefore provided. 

i * This sub-division added by sec. 8, chapter 406, Laws of 1867. 
t This sub-division added by sec. 1, chap. 633, Laws of 1881. 



36 



TITLE 7. 



Consolidated School Act of 1S61. 



SECOND ARTICLE. 



School- 
house, 
location of. 

Cannot 
levy tax 
for build- 
ing school 
house 
exceeding 
$500 with- 
out ap- 
proval of 
school 
commis- 
sioner. 

Plans to be 
approved. 



Tax may 
be levied 
in install- 
ments. 



Trustees 
may bor- 
row. 



Of district school-houses and sites. 

§ 17. No school-house shall be built so as to stand in 
whole or in part, upon the division line of any two towns. 

*§ 18. ISTo tax voted by a district meeting for building, 
hiring or purchasing a school-house, exceeding the sum of 
five hundred dollars, shall be levied by the trustees unless 
the commissioner in whose district the school-house of 
said district is situated shall certify in writing his approval 
of such larger sum. And no school-house shall be built 
in any school district of this state until the plan of such 
school-house, so far as ventilation, heat and lighting is con- 
cerned, shall be approved in writing by said school com- 
missioner. But nothing herein contained shall invalidate 
any tax that shall or may be hereafter levied for building 
or repairing school-houses which in other respects comply 
with existing statutes. 

f§ 19. Whenever a majority of all the inhabitants of 
any school district entitled to vote, to be ascertained by 
taking and recording the ayes and noes of such inhabi- 
tants attending at any annual, special or adjourned school 
district meeting, legally called or held, shall determine 
that the sum proposed and provided for in the next pre- 
ceding section shall be raised by installments, it shall be 
the duty of the trustees of such district, and they arc 
hereby authorized to cause the same to be raised, levied 
and collected in equal installments in the same manner 
and with like authority that other school taxes are raised, 
levied and collected and to make out their tax list and 
warrant for the collection of such installments, with in- 
terest thereon as they become payable according to the 
vote of the said inhabitants ; but the payment or collec- 
tion of the last installment shall not be extended beyond 
ten years from the time such vote was taken ; and no 
vote to levy any such tax shall be reconsidered except at 
an adjourned, general or special meeting to be held within 
thirty days thereafter, and the same majority shall be re- 
quired for reconsideration that was had to impose such 
tax. For the purpose of giving effect to these provisions, 
trustees are hereby authorized, whenever a tax shall have 

* As amended by sec. 9, chap. 406. Laws of 1867, and by sec. 1, chap. 528, 
Laws of 1881, and by sec. 1, chap. 294, Laws of 1883. 

+ As amended by sec. 18, chap. 567, Laws of 1875, and by sec. 2, chap. 528, 
Laws of 1881. 



Of District School- houses and Sites. 37 



been voted to be collected in installments for the purpose 

of building a new school-house, to borrow so much of 

the sum voted as may be necessary, at a rate of interest 

not exceeding six per cent, and to issue bonds or other ■toSte SSUe 

evidences of indebtedness therefor, which shall be a 

charge upon the district, and be paid at maturity, and 

which shall not be sold below par ; due notice of the 

time and place of the sale of such bonds shall be given 

at least ten days prior thereto. 

*§ 20. So long as a district shall remain unaltered, the Provisions 

c lii 11- • i • ' n re g ar d 

site of a school-house owned by it, upon which there is a to change 

school-house erected or in process of erection, shall not house site. 

be changed, nor such school-house be removed, unless by 

the consent, in writing, of the supervisor or supervisors 

of the town or towns within which such district shall be 

situated, stating that in his or their opinion such removal 

is necessary ; nor with such consent, unless a majority of 

all the legal voters of said district present and voting, to 

be ascertained by taking and recording the ayes and noes, 

at a special meeting called for that purpose, shall be in 

favor of such new site. 

§21. Whenever the site of a school-house shall have Proceed 
been changed, as herein provided, the inhabitants of athf S saieof 
district entitled to vote, lawfully assembled at any district ippune- 
meeting, shall have power, by a majority of the votes of Hances - 
those present, to direct the sale of the former site or lot, 
and the buildings thereon and appurtenances, or any part 
thereof, at such price and upon such terms as they shall 
deem proper; and any deed duly executed by the trustees 
of such district, or a majority of them, in pursuance of 
such direction, shall be valid and effectual to pass all the 
estate or interest of such school district in the premises, 
and when a credit shall be directed to be given upon such 
sale for the consideration monev, or anv part thereof, the ferity 

■■ ■ • -i i " • i tii© con* 

trustees are hereby authorized to take in their corporate sideration 
name such security by bond and mortgage or otherwise, money- 
for the payment thereof, as they shall deem best, and shall 
hold the same as a corporation, and account therefor, to 
their successors in office and to the district, in the manner 
they are now required by law to account for moneys re- 
ceived by them ; and the trustees of any such district for 
the time being may, in their name of office, sue for and 
recover the moneys due and unpaid upon anj r security so 
taken by them or their predecessors. 

* As amended by section 8, chap. 647, Laws of 1865. 



38 



TITLE 7. 
Moneys 
arising 
from the 
sale to be 
applied to 
new 
houses, 
etc 



Consolidated School A.ct of 1864. 

§ 22. All moneys arising from any sale made in pur- 
suance of the last preceding section shall be applied to 
the expenses incurred in procuring a new site, and in 
removing or erecting thereon a school-house, and improv- 
ing and furnishing such site and house, and their appen- 
dages, so far as such application shall be necessary ; and 
the surplus, if any, shall be devoted to the purchase of 
school apparatus and the support of the school, as the 
inhabitants at any annual meeting shall direct. 



THIED ARTICLE. 



Of the qualification, election, choice and terms of office 
of district and neighborhood officers, and of vacancies 
in such offices. 



Trustee, 
who may 
not hold 
the office 
of. 



District 
officer 



in the dis 
trict. 

Terms of 
office. 



§ 23. No school commissioner or supervisor is eligible 
to the office of trustee, nor can either be a member of 
any board of education within his district or town ; and 
no trustee can hold the office of district clerk, collector 
or librarian. 

*§ 24. Every distinct and neighborhood officer must be 
must reside a resident of his district and neighborhood, and qualified 

in the dis- . . o ' 1 

to vote at its meetings. 

§ 25. From one annual meeting to the next is a year, 
within the meaning of the following provisions : The 
term of office of a trustee of a neighborhood, and a sole 
trustee of a district is one year. The full term of a joint 
trustee is three years, but a joint trustee may be elected 
for one or two years as herein provided. The term of 
office of all other district and neighborhood officers is one 
year. Every district and neighborhood officer shall hold 
liis office unless removed, during his term of office, and 
until his successor shall be elected or appointed. 

t§ 26. The terms of all officers elected at the first meet- 
ing of a newly erected neighborhood or district, except of 
a union free school district, shall expire on the last Tues- 
day of August, next thereafter. 

%% 27. On the last Tuesday of August next after the 
erection of a district, at its first annual- meeting, the 
electors shall determine by resolution, whether the dis- 

* See, also, chapter 9, Laws of 1880, in appendix, entitle d " An act to de» 
clare women eligible to serve as school trustees." 
t As amended by sec. 4, chap. 413, Laws of 1883. 
% As amended by chap. 173, Laws of 1878, and by sec. 5, chap. 413, Laws of 

1883. 



Officers 
of new 
districts 



People to 
select one 
or three 
trustees. 



Of the Qualification, etc., of School Officers. 39 



■r TITLE 7. 

trict shall have one or three trustees, and if they resolve 
to have three trustees, shall elect the three for one, two 
and three years respectively, and shall designate by their 
votes, for which term each is elected ; thereafter in such 
district, one trustee shall be elected at each annual meet- 
ing to fill the office of the outgoing trustee. The electors ^r ^ ^ 
of any district having three trustees shall have power to number of 
decide by resolution, at any annual meeting, whether the 
district shall have a sole trustee or three trustees, and if 
they resolve to have a sole trustee, the trustee or trustees 
in office shall continue in office until their term or terms 
of office shall expire, and no election of a trustee shall be 
had in the district until the offices of such trustee or trus- 
tees shall become vacant by the expiration of their terms 
of office or otherwise, and thereafter but one trustee shall 
be elected for said district, until the electors of a district 
having one trustee shall determine at an annual meeting, 
by a two-thirds vote of the legal voters present thereat, to 
have three trustees ; in which case they shall, upon the 
adoption of such resolution, proceed to elect three trus- 
tees in the same manner as provided in this section for 
the election of three trustees at the first annual meeting 
after the erection of a district ; and thereafter in such 
district, one trustee shall be elected for three years, at 
each annual meeting, to fill the office of the outgoing 
trustee. 

.*§ 28. It shall be the duty of the district clerk, and of JJtSy 
the neighborhood clerk, or of any person who shall act as persons 
clerk at any district or neighborhood meeting, when any office, 
officer shall be elected, forthwith to give the person 
elected notice thereof in writing ; and such person shall 
be deemed to have accepted the office, unless, within five Accept- 
days* after the service of such notice, he shall file his refusal? 
written refusal of it with the clerk. The presence of any 
such person at the meeting which elects him to office, 
shall be deemed a sufficient notice to him of his election. 

§ 29. The collector vacates his office by not executing vacates ws 
a bond to the trustees, as hereinafter required, and the° m < ;eb y . 

. . • ' J- not execut* 

trustees may supply the vacancy. ingbond. 

§ 30. In case the office of a trustee shall be vacated by vacancy 
his death, refusal to serve, incapacity, removal from the trustee! 
district or neighborhood, or by his being removed from how fiUed - 
the office, or in any other manner, and the vacancy be 

* As amended by sec. 11, chap. 406, Laws of 1867. 



40 



Neglect of 
duty or 
refusal to 
serve 
vacates 
office. 



Trustees 
may fill 
vacancies 
in other 
offices. 



Appoint- 
ment to be 
filed with 
district 
clerk . 



Penalty for 
refusal to 
serve or 
neglect of 
duty. 



Supervisor 
may ac- 
cept the 
resigna- 
tion. 



It may be 
made to 
a district 
meeting. 



Consolidated School, Act of 1864. 

not supplied by a district or neighborhood meeting within 
one month thereafter, the supervisor of the town within 
which the school-house or principal school-house of the 
district is, or within which the neighborhood or any part 
thereof is, may, by a writing under his hand, appoint a 
competent person to fill it. 

§ 31. A trustee who publicly declares that he will not 
accept or serve in the office of trustee, or who refuses or 
neglects to attend three successive meetings of the board, 
of which he is duly notified, without rendering a good 
and valid excuse therefor to the other trustees, or trustee, 
where there are but two, vacates his office by refusal to 
serve. 

§ 32. Any vacancy in the office of district clerk, col- 
lector, or librarian, may be supplied by appointment under 
the hands of the trustees of the district, or a majority of 
them, and the appointees shall hold their respective offices 
until the next annual meeting of the district, and until 
others are elected and take their places. 

§ 33. Every appointment to fill a vacancy shall be forth- 
with filed, by the supervisor or trustees making it, in the 
office of the district clerk, who shall immediately give 
notice of the appointment to the person appointed. 

§ 34. Every person chosen or appointed to a school 
district office, who, being duly qualified to fill the same, 
shall refuse to serve therein, shall forfeit five dollars ; 
and every person so chosen or appointed, who, not hav- 
ing refused to accept the office, shall willfully neglect or 
refuse to perform any duty thereof, shall by such neg- 
lect or refusal vacate his office and shall forfeit the sum 
of ten dollars. These penalties are for the benefit of 
common schools of the town. 

§ 35. But the supervisor of the town wherein any 
such person resides may accept his written resignation of 
the office, and the filing of such resignation and accept- 
ance in the office of the district clerk shall be a bar to the 
recovery of either penalty in the last preceding section 
mentioned ; or such resignation may be made to and ac- 
cepted by a district meeting. 



Of Duties of District Clerk and Librarian. 41 



title 7. 
FOURTH ARTICLE. 

Of the duties of the neighborhood clerk > and of the dis- 
trict clerk and librarian. 

§ 36. The neigborhood clerk shall keep a record of the Duty of 
proceedings of his neighborhood, and of the reports of hood clerk, 
the trustees, and deliver the same to his successor. In 
case such neighborhood shall be annexed to a district 
within the state, its records shall be riled in the office of 
the clerk of such district. 

§ 37. It shall be the duty of the clerk of each school 2hSi°dte. 

district : dutie S his 

1. To record the proceedings of his district in a book Torecord 
to be provided for that purpose by the district, and to winter 8 
enter therein true copies of all reports made by the reports in 
trustees to the school commissioner. bo r ok. r 

2. To give notice, in the manner prescribed by the To give 
sixth section of this title, or by the inhabitants, pur- meetings, 
suant to such section, of the time and place of holding 
special district meetings called by the trustees. 

3. To affix a notice In writing of the time and place of n°tfc?of 
any adjourned meeting, when the meeting shall have been ^j° t u n ned 
adjourned for a longer time than one month, in at least 

four of the most public places of such district, at least 
five days before the time appointed for such adjourned 
meeting. 

4. To give the like notice of every annual district 
meeting. 

*5. To give notice immediately to every person elected Tg^^ty 
or appointed to office of his election or appointment ; and elected and 
also to report to the town clerk of the town in which the names 'and 
school-house of his district is situated, the names and ^dresses 
post-office address of such officers, under a penalty of fi ye £{^3 to 
dollars for neglect in each instance. town clerk. 

6. To notify the trustees of every resignation duly ac- ^ ic n e of 
cepted by the supervisor. tions. 

7. To keep and preserve all records, books and papers ^^p a11 
belonging to his office and to deliver the same to his and pen- 
successor. For a refusal or a neglect so to do, he shall n e |i e £t. 
forfeit fifty dollars for the benefit of the district, to be 
recovered by the trustees. 

8. In case his district shall be dissolved, to obey the 

* As amended by sec. 10, chap. 647, Laws of 1865. 

6 



42 



TITLE 7. 



To attend 
all meet- 
ings of 
trustees. 

To call 
special 
meetings. 



Librarian. 



Consolidated School Act of 1864. 

order of the commissioner or commissioners as to deposit- 
ing the books, papers and records of his office in the town 
clerk's office. 

9. To attend all meetings of the board of trustees when 
notified and keep a record of their proceedings in a book 
provided for that purpose. 

10. To call special meetings of the inhabitants when- 
ever all the trustees of the district shall have vacated 
their office. 

§ 38. The librarian, subject to the provision of this 
act, shall have the charge and supervision of the district 
library. 



FIFTH ARTICLE. 



Schools 
free to 
pupils over 
five and 
under 
twenty- 
one years. 

Non-resi- 
dents may 
be admit- 
ted. 

Tuition of 
aon-resi- 
dent pupils. 



No Indian 
pupils ad- 
mitted. 



Qualified 
teachers , 
what con- 
stitutes. 



Of the pupils and teachers. 

*§ 39. Common schools in the several school districts of 
this state shall be free to all persons over five and under 
twenty-one years of age residing in the districjt.as^herein- 
after provided ; but non-residents of a district, if other- 
wise competent, may be admitted into the school of a 
district, with the written consent of the trustees, or of a 
majority of them, upon such terms as the trustees shall 
prescribe ; provided that if such non-resident pupils, 
their parents or guardians, shall be liable to be taxed for 
the support of said schools in the district, on account of 
owning property therein, the amount of any such tax 
paid by a non-resident pupil, his parent or guardian, dur- 
ing the current school year, slra^T^fte" deducted "f rom the 
charge for tuition. 

§ 40. If a school district in cluple r a portion of an Indian 
reservation, whereon a school for Indian children has been 
established by the superintendent of public instruction, 
and is taught, the school of-the district -is- not free to In- 
dian children resident in the'district or on the>reservation, 
nor shall they be admitted to -such -school except by per- 
mission of the superintendent. 

f § 41. No teacher is a qualified one, within the mean- 
ing of this act, unless he possesses an unannulled diploma 
granted to him by the state normal school or an unre- 
voked and unannulled certificate of qimlificatyrtf given to 

him by the superintendent of public instruction, or an 

. _ -^~. » 

*As amended by sec. 3, Chap. 528, Laws of 1881. 
Note— See, chap. 413; Laws of 1884, in the appendix. 

t See chap. 353, Laws of 1875, in appendix, as amended by sec. 7, chap. 
340, Laws of 1885. 



Of the Trustees, their Powers and Duties. 43 

• TTTI V 7 

unexpired certificate of qualification given to him by the 
school commissioner within whose district he is employed, 
or by the school officer of the city or village in which he is 
employed, authorized by special act to grant such certifi- 
cate. After August twentieth, eighteen hundred and 
eighty -five, no person shall be deemed to be qualified who 
is under the age of sixteen years. 

* § 42. No part of the school moneys apportioned to unquaii- 
a district can be applied or permitted to be applied to the e % cannot 
payment of the wages of an unqualified teacher nor canj£$?£ dby 
his wages, or any part of them, be collected by a district ™ t n r <?y t or 
tax. tax. 

§ 43. Any trustee who applies, or directs, or consents Their 
to the application of any such money to the payment of FomJquaii. 
an unqualified teacher's wages, thereby commits a misde- Jfamfc?" 
meanor ; and any fine imposed upon him therefor shall demeanor. 
be for the benefit of the common schools of the county. 

§ 44. Teachers shall keep, prepare and enter in the J?^*® 1 * 
books provided for that purpose, the school lists and ac- lists of 
counts of attendance hereinafter mentioned, and shall be£ n ce! ' 
responsible for their safe keeping and delivery to the 
clerk of the district at the close of their engagements or 
terms. 

SIXTH ARTICLE. 

Of the trustees, their powers and duties / and, herein, of 
school taxes and ann,ual reports. 

§ 45. All property which is now vested in, or shall J™!*!? 3 , 
hereaf ter be transferred to, the trustee or trustees of a trict prop- 
district, for the use of schools in the district, shall be held corpora- 
by him or them as a corporation. tlon- 

§ 46. A sole trustee of the district shall have all the ^stle 
powers, and be subject to all the duties, liabilities and has the 
penalties conferred and imposed by law upon or against power as 
any trustee or trustees, or the majority of the trustees, of aboard - 
a district. 

§ 47. The trustees of a district compose a board, and ^st meet 
when two only meet to deliberate upon a matter, and the for official 
third, if notified, does not attend, or the three meet and 
deliberate thereon, the conclusion of two upon the matter, 
and their order, act or proceeding in relation thereto, shall 
be as valid as though it were the conclusion, order, act or 

* As amended by section 13, chap. 406, Laws of 1867. 



44 



Any mem- 
ber of the 
board may 
call a 
meeting. 

When 
there are 
vacancies 
in the 
board, the 
remaining 
trustee or 
trustees 
may act. 

Powers 
and duties 
of trustees, 

To call 

special 

meetings. 

To give 

notice in 

certain 

cases. 



To make 
out tax 
lists. 



To issue 
warrant 
for collec- 
tion. 

To pur- 
chase or 
lease sites, 
etc. 



To have 
custody of 
the school- 
house. 

To insure 
school- 
house, etc. 



Consolidated School Act of 1864. 

proceeding of the three ; and a recital of the two in tlieir 
minute of the conclusion, act or proceeding, or in their or- 
der, actor proceeding of the fact of such notice, or of such 
meeting or deliberation, shall be conclusive evidence 
thereof. A meeting of the board may be ordered by any 
member thereof, by giving not less than t went}* -four hours' 
notice of the same. 

§ 48. While there is one vacancy in the office of trustee, 
the two trustees have all the powers and are subject to all 
the duties and liabilities of the three. And while there 
are two such vacancies, the trustee in office shall have all 
the powers and be subject to all the duties and liabilities 
of the three, as though he were a sole trustee. 

* § 49. It shall be the duty of the trustees of every school 
district, and they shall have power : 

1 To call special meetings of the inhabitants of such 
districts whenever they shall deem it necessary and proper. 

2. To give notice of special, annual and adjourned 
meetings in the manner prescribed in the sixth section 
of this title, if there be no clerk of the district, or he be 
absent or incapable of acting, or shall refuse to act. 

3. To make out a tax list of every district tax voted 
by any such meeting, or authorized by law, containing the 
names of all the taxable inhabitants residing in the dis- 
trict at the time of making out the list, and the amount 
of tax payable by each inhabitant, set opposite to his 
name. 

4. To annex to such tax list a warrant, directed to the 
collector of the district, for the collection of the sums in 
such list mentioned. 

f 5. To purchase or lease a site for the district school- 
house or school-houses, as designated by a meeting of the 
district, and to build, hire or purchase such school-house 
as may be so designated, and to keep in repair and fur- 
nish such school-house with necessary fuel and append- 
ages, and to pa}* the expense thereof by tax, but such 
expense shall not exceed fifty dollars in any one year, 
unless authorized by the district or by law. 

6. To have the custody and safe keeping of the dis- 
trict school-house or houses, their sites and appurten- 
ances. 

7. When thereto authorized, by a meeting of the dis- 
trict to insure the school-house or school-houses, and their 

* As amended by sec. 13, chap. 406, Laws of 1867. 
t As amended by sec. 13, chap. 406, Laws of 1867. 



Of the Trustees, their Powers and Duties. • 45 



furniture, and the school apparatus, in some company TITLB 7 - 
created by or under the laws of this state and to comply 
with the conditions of the policy, and raise the premiums 
by a district tax. 

8. To insure the district library in such a company in ^^y re 
a sum fixed by a district meeting, and to raise the pre- 
mium by a district tax,,and comply with the conditions 
of the policy. 

* 9. To contract with and employ all teachers in the mlfsf^ot 
district school or schools, but no person who is within t>e within 
two degrees of relationship by blood or marriage to any greesof 
such trustee shall be so employed, except with the ap- ship'to' 1 " 
proval of two-thirds of the voters of such district pres- trustees. 
ent and voting upon the question at an annual or special 
meeting of the district ; nor shall any sole trustee of a feeV™ to 
district make any contract for the employment of a employ 
teacher in and for said school district beyond the close of more than 
the school term commencing next preceding the expiration b'"®^ 111 
of his term of office, except with the approval of a trustee's 
majority of the voters of such district present, and voting office, 
upon the question at an annual or special meeting of the Trustees 
district; nor shall the trustees of ai^ school district make con- 
having three or more trustees, make any contract empioy- r 
for the employment of a teacher or teachers, for more men t of 

. r v , . i i • t teacher for 

than one year m advance. Any person employed m chs- longer than 



one year. 
Claim of 



regard of the foregoing provisions shall have no claim fo 
wages against the district, but may enforce the specific the persons 
contract made against the trustee or trustees consenting fn disre 6 
to such employment as individuals. foreloLg 19 

f 10. To pay toward the wages of sucli teachers as are payment 
qualified, the public moneys apportioned to the district er S ' e wages. 
and legally applicable thereto, by giving them orders on 
the supervisor therefor, and to collect as herein provided, 
the residue of such wages by district tax. 

f 11. To divide such public moneys apportioned to the ^° e mTbifc 
district, whenever authorized by a vote of their district, into money 
two or more portions for each year ; to assign and apply one parts ior 
of such portions to each term during which a school shall eachterm - 
be kept in such district, for the payment of teachers' 
wages during such term ; and to collect the residue of 
such wages not paid by the proportion of public money 
allotted for that purpose, by district tax as herein pro 
vided. 

* As amended by sec. 9, chap. 647, Laws of 1805, and by chap. 264, Laws 
of 1879. 
t As amended by sec. 13, chap. 406, Laws of 1867. 



TITLE 
To pay 
library 



wages 
when less 
than $3. 



To collect 
tax for 
teacher's 
wages, and 
to give 
order 
therefore. 



Moneys 
trustees 
can ex 



district 

meeting. 

Repairs. 

Outbuild 
ings. 



46 Consolidated School Act of 1864. 

12. If the library money apportioned to the district be 
less than three dollars, to apply it to the payment of 

money for , , , rr J y J 

teachers' teachers 7 wages. 

13. To draw upon the supervisor for the school and 
library moneys, in the manner and form prescribed by 
subdivisions one and two of section six of title four of 
this act. # 

* 14. After having paid toward the wages of such 
teachers as are qualified, the public moneys of the district 
legally applicable thereto, by giving them orders on the 
supervisor therefor, to collect the residue of such wages 
by a district tax, or, if the same shall have been already- 
collected, to give such teacher an order on the district 
collector for the balance of his or her wages still remain- 
ing unpaid. 

f§ 50. The trustees may expend in necessary and proper 
repairs of each school-house under their charge a sum not 
out vote'of exceeding twenty dollars in any one year; and they may 
also expend a sum, not exceeding fifty dollars, in the 
erection of necessary outbuildings, when the district is 
wholly unprovided with such buildings, upon the direction 
of the school commissioner in whose district such school- 
house is situated, or of the state superintendent of public 
instruction. They may also make any repairs, and abate 
Nuisances. anv nu i sa nces, pursuant to the direction of the school 
commissioner as hereinbefore provided, and provide fuel, 
pails, brooms and other implements necessary to keep the 
school-house or houses clean and make them reasonably 
comfortable for use, and not provided for by a vote of 
the district ; and may also provide for building fires and 
cleaning the school-room by arrangement with the teacher 
or otherwise. They shall provide the bound blank-books 
Books for for the entering of their accounts and the keeping of the 
counts " school lists, the records of the district, and the proceedings 
of district and trustee meetings, and they may expend in 
Dictionary, the purchase of dictionary, maps, globes or other school 
apparatus, apparatus, a sum not exceeding fifteen dollars in any one 
Temporary y ear - Whenever it shall be necessary for the due accom- 
modation of the children of the district, they may hire 
temporarily any room or rooms for the keeping of schools 
therein. An}' expenditure made or liability incurred in 
pursuance of this section shall be a charge upon the dis- 
trict. 

*As amended by sec. 13, chap. 406, Laws of 186T. 

t As amended sec. 14, chap. 406, Laws of 1867 andby sec. 19, chap. 567, Laws 
of 1875; by sec. 1 , chap. 179, Laws of 1884, and sec. 1, chap. 292, Laws of 1886, 



Fuel, etc. 

Cleaning 
school- 
room 



school 
rooms. 



Of the Trustees, their Powers and Duties. 47 



§ 51. When trustees are required or authorized bylaw, MayraiS e 
or by a vote of their district, to incur any expense for |^ ^ gal 
such district, and when any expenses incurred by them tax. 
are made, by express provision of law, a charge upon such 
district, they m.ay raise the amount thereof by tax in the 
same manner as if the definite sum to be raised had been 
voted by a district meeting. 

§ 52. The trustees, or any one of them, if not forbidden fouseby 
by another, may freely permit the school-house, when n ot^ s s t ^ tof 
in use for the district school, to be used by persons assem- may be 
bling therein for the purpose of giving and receiving "nstruc- 
instruction in any branch of education or learning, or ingJJ^^* 
the science or practice of music. learning or 

* § 53. They shall procure two bound blank books f or Trustees to 
the district, and when necessary, others in their place. j^unt 
In one of them, at or before each annual district meeting, books, etc. 
they shall enter at large, and sign a statement of all mov- 
able property belonging to the district, and their accounts 
of all moneys, received or drawn for or paid by them, and 
they shall deliver this book to their successors. In the 
other, the teachers shall enter the names of the pupils 
attending school, their ages, the names of the persons 
who send them, and the number of days each pupil at- 
tends ; and also the facts and the dates of each inspection 
of the school by the school commissioner or other official 
visitor, and any other facts and in such form as the super- 
intendent of public instruction shall require ; and each 
teacher shall, by his oath or affirmation, verify his entries Teacher 
in such book, and the entries shall constitute the school must keep 
lists from which the average daily attendance shall be verify rec- 
determined ; and such oath or affirmation may be taken ? r r us t !es d 
by the district clerk, but without charge. Until theshannot^ 
teacher shall have so made and verified such entries, the er until 
trustees shall not draw on the supervisor for any portion V e?ffied. s 
of his wages. 

§ 54. If any portion of the moneys apportioned to the To notify 
district shall not be paid, by the supervisor, upon the due urer and • 
requirement of the trustees, they shall forthwith notify tendentof 
the treasurer of the county, and the superintendent of m ^y Jd 
public instruction, of the fact. by super- 

§ 55. The trustees shall, once in each year, render to To render 
the district, at its annual district meeting, a -just, full and an account 

' , . . , . t , . , S • j. 11 of all mon- 

true account m writing, under their hands, ot all moneys eys receiv. 
received by them respectively for the use of the district, p^etc. 

*As amended by sec. 15, chap. 406, Laws of 1867. 



48 



Out-going 
trustee to 
pay any 
balance to 
his suc- 
cessor. 

Penalty 
for refusal 
or neglect 
to render 
account. 



Forfeits 
his office, 
etc. 



Trustees 
to sue any 
former 
trustee . 



To report 
annually 
to commis- 
sioner be- 
tween the 
twentieth 
day of Au- 
gust and 
the last 
Tuesday of 
August, 
each year. 

Items in 

annual 

report. 



Consolidated School Act of 1864. 

and of the manner in which the same shall have been ex- 
pended, and showing to which of them an unexpended 
balance, or any part thereof, is chargeable ; and of all 
drafts or orders made by them upon the supervisor, col- 
lector, or other custodian of moneys of the district ; and a 
full statement of all suits and proceedings brought by or 
against them, and of every special matter touching the 
condition of the district. 

§ 56. An outgoing trustee shall forthwith pay, to his 
successor or any other trustee of the district in office, any 
such unexpended balance, or part of such balance, re- 
maining in his hands. 

§ 57. Every trustee who shall refuse or neglect to 
render such account shall forfeit twenty-five dollars. 
Every trustee who shall neglect or refuse to pay over any 
balance so found in his hands, shall forfeit twenty-five 
dollars. These penalties are for the benefit of the schools 
of the district, and shall be sued for by the supervisor of 
the town in which the school-house, or school-house 
longest owned or held by the district is. 

§ 58. By a willful neglect or refusal to render such 
account, a trustee also forfeits any unexpired term of his 
office, and becomes liable to the trustees for any district 
moneys in his hands. 

§ 5\). The trustees in office shall sue for and recover 
any district moneys in the hands of any former trustee, 
or of his personal representatives, and apply them to the 
use of the district. 

*§ 60. The trustees of each school district shall, be- 
tween the twentieth day of August and the last Tuesday 
of August, in each year, make and direct to the school 
commissioner a report in writing, dated on the twenty- 
first day of August of the } r ear in which it is made, and 
shall sign and certify it, and deliver it to the clerk of the 
town in which the school-house of the district is situated; 
and every such report shall certify: 

1. The whole time any school has been kept in their 
district during the year ending on the day previous to the 
date of such report, and distinguishing what portion ot 
the time such school has been kept by qualified teachers, 
and the whole number of days, including holidays, in 
which the school was taught by qualified teachers. 

* As amended by sec. 16, chap. 406, Laws of 1867 and by chap. 413, Laws of 
1883, and sec. 1, chap. 49, Laws of 1884. 

Note — Trustees to report annually number of children of school age 
who are vaccinated. See chap. 438, Laws of 1860, in appendix. 



Of the Trustees, their Powers and Duties. 49 



2. The amount of their drafts upon the supervisor, for^^untof 
the payment of teachers' wages during such year, and the drafts 
amount of their drafts upon him for the purchase of books ervisor Up 
and school apparatus during such year, and the manner 
in which such moneys have been expended. 

*3. The number of children taught in the district Attend- 
school or schools during such year by qualified teachers, children, 
and the sum of the days' attendance of all such children 
upon the school. 

|4r. The number of children residing in the district on Number of 
the thirtieth day of June previous to the making of such residing in 
report, and the names of the parents or other persons ^district 
with whom such children did respectively reside, and the thirtieth of 
number of children residing with each. vloutto 6 

5. The amount of money paid for teachers' wages, in ^q 1 ^ the 
addition to the public money paid therefor, the amount Amount 
of taxes levied in said district for purchasing school- teachers' 
house sites, for building, hiring, purchasing, repairing j^g^s, and 
and insuring school-houses, for fuel, for district libraries, expenses. 
or for any other purpose allowed by law, and such other 
information in relation to the schools and the district as 
the superintendent of public instruction may, from time 
to time, require. 

;{;§ 61. The annual reports of trustees of school dis- P",^ 6 ? 
tricts, of children residing in their districts, shall include in trustees' 
all over five and under twenty -one years of age, who shall report " 
have been, on the thirtieth day of June last preceding the 
date of such report, actually in the district, comprising a 
part of the family of their parents or guardians or em- 
ployers, if such parents, guardians or employers reside at 
the time in sUch district, although such residence was 
temporary; but such report shall not include children be- 
longing to the family of any person who shall be an in- 
habitant of any other district in this state, in which such 
children may by law be included in the reports of its 
trustees; nor any children who are supported at a county 
poor-house or an orphan asylum; nor any Indian children 
residing on reservations where schools provided by law 
for their education are taught. 

§ 62. Where a school district lies in two or more joint dis- 
counties, its trustees shall make such an annual report for port to re ' 
each part of it lying in a different county, and file each^V' 



com- 
missioner. 



* As amended by sec. 11, chap. 64?, Laws of 1865. 
t As amended by sec. 7, chap. 413, Laws of 1883. 
t As amended by sec. 8, chap. 413, Laws of 18S3. 



50 



TITLE 7. 



Separate 
neighbor- 
hood, re- 
port of its 
trustees. 



False re- 
port, and 
penalty 
for. 



Consolidated School Act of 1864. 

in the office of the clerk of the town in which the part 
of the district to which it especially relates lies ; and such 
reports shall be in the form and contain all such special 
matters as the superintendent of public instruction shall 
from time to time prescribe. 

* 63. The trustee of every separate neighborhood shall 
every year, within the time aforesaid, in like manner, make 
his annual report to the school commissioner, and file it in 
the office of the clerk of the town of which the neigh- 
borhood is a part. Such report shall specify the whole 
amount of public moneys received during the year, and 
from what public officer, and the manner in which it was 
expended ; the whole number of such children as can be 
included in the district trustees 1 report residing in the 
neighborhood on the thirtieth day of June previous to the 
making of the report ; and any other matters which the 
superintendent of public instruction may require. 

§ 64. Every trustee of a school district or separate 
neighborhood, who shall willfully sign a false report to a 
school commissioner with the intent of causing such 
school commissioner to apportion to his district or neigh- 
borhood a larger sum than its just proportion of school 
moneys ; or in the case of a trustee of a separate neigh- 
borhood, with intent to procure from the state superin- 
tendent of public instruction a larger allowance to the 
neighborhood, shall for each offense forfeit the sum of 
twenty-five dollars, and shall also be deemed guilty of a 
misdemeanor. Such penalties, and any fines which shall 
be imposed for the misdemeanor, are for the benefit of 
the common schools of the county. 



SEVENTH AKTICLE. 



Of the assessment of district taxes, and the collection of 
such taxes ; and herein of the collector, his powers, 
duties and liability. 

§ 65. Within thirty days after a tax shall have been 
voted by a district meeting, the trustees shall assess it, 
and make out the tax list therefor, and annex thereto the 
Two or warrant for its collection. But they may at the same 
mayVe xes ^' ime assess t w0 or more taxes so voted, and any tax or 
included taxes they are authorized to raise without such vote, and 
warrant, make out one tax list and one warrant for the collection 



Assess- 
ment of 
taxes by 
trustees. 



* As amended by sec. 9, chap. 413, Laws of 1883. 



Of the Assessment of District Taxes. 51 



TTTT "F 1 7 

of the whole. They shall also prefix to their tax list a 
heading showing for what purpose the different items of 
the tax are levied. 

* § 66. School district taxes shall be apportioned by the 
trustees upon all real estate within the boundaries of the 
district which shall not be by law exempt from taxation, 
except as hereinafter provided, and such property shall be 
assessed to the person or persons or corporation owning 
or possessing the same at the time such tax list shall be 
made out, but land lying in one body and occupied by 
the same person either as owner or agent for the same how made 
principal, or as tenant under the same landlord, shall, out - 
though situated partly in two or more school districts, be 
taxable in that one of them in which such occupant re- of a i^nd° n 
sides. This rule shall not apply to land owned by non-resi- {^f in one 
dents of the district, and which shall not be occupied by 
an agent, servant or tenant residing in the district. Such 
unoccupied real estate shall be assessed as non-resident, Non-resi- 
and a description thereof shall be entered in the tax list. dent lands. 
The trustees shall also apportion district taxes upon all 
persons residing in the district, and upon all corporations 
liable to taxation therein, for the personal estate owned p erS0 nai 
by them and liable to taxation. They shall also appor- estate, 
tion the same upon non-resident stockholders in banks or 
banking associations situated in their districts for the Ban stock ' 
amount of stock owned by them therein, and upon indi- 
vidual bankers doing business in their district in accord- 
ance with the provisions of chapter seven hundred and 
sixty-one of the laws of eighteen hundred and sixty-six. 

§ 67. The valuations of taxable property shall be ascer- valuation, 
tained, so far as possible, from the last assessment-roll of tahLd! cer " 
the town, after revision by the assessors ; and no person 
shall be entitled to any reduction in the valuation of such 
property, as so ascertained, unless he shall give notice of his 
claim to such reduction to the trustees of the district be- 
fore the tax list shall be made out. 

§ 6$. Where such reduction shall be duly claimed andofreduc- 
where the valuation of taxable property cannot be ascer- uaUorf/ 8 * 
tained from the last assessment roll of the town, the trus- 
tees shall ascertain the true value of the property to be 
taxed from the best evidence in their power, giving notice 
to the persons interested, and proceeding in the same man- 

* As amended by sec. 20, chap. 567, Laws of 1875. See law in relation to 
the taxation of railroad companies; also, law in relation to taxation of 
bank shares, in the appendix. ; 



52 



Equaliza- 
tion of 
valua- 
tions. 



Person 
working 
land on 
shares lia- 
ble. 



Taxable in 
habitants. 



Of tenant 
at will, 
etc., liabil- 
ity of the 
owner. 



Consolidated School Act of 1864. 

ner as the town assessors are required by law to proceed in 
the valuation of taxable property. 

* § 69. When a district embraces parts of more than 
one town, it shall be the duty of the supervisors of such 
towns so in part embraced, upon receiving a written notice 
from the trustee or trustees of such district, or from three 
or more persons liable to pay taxes upon real estate 
therein, to meet at a time and place to be named in such 
notice, which time shall not be less than five or more than 
ten days from the service thereof, and a place within the 
bounds of the towns so in part embraced, and proceed to 
inquire and determine whether the valuation of real prop- 
erty upon the several assessment rolls of said towns are 
substantially just as compared with each other, so far as 
said districts are concerned, and if ascertained not to be so, 
they shall determine the relative proportion of taxes that 
ought to be assessed upon the real property of the parts 
of such district lying in different towns, and the trustees 
of such district shall thereupon assess the proportion of 
any tax thereafter to be raised, according to the determina- 
tion of such supervisors, until new assessment rolls of the 
town shall be perfected and filed, using the assessment 
rolls of the several towns to distribute the said proportion 
among the persons liable to be assessed for the same. In 
cases when such supervisors shall be unable to agree, they 
shall summon a supervisor from some adjoining town, 
who shall unite in such inquiring, and the finding of a 
majority shall be the determination of such meeting. 

§ 70. Any person working land under a contract for a 
share of the produce of such land, shall be deemed the 
possessor, so far as to render him liable to taxation there- 
for in the district where such land is situate. 

§ 71. Every person owning or holding any real property 
within any school district, who shall improve and occupy 
the same by his agent or servant, shall, in respect to the 
liability of such property to taxation, be considered a tax- 
able inhabitant of such district, in the same manner as if he 
actually resided therein. 

§ 72. Where any district tax, for the purpose of pur- 
chasing a site for a school-house, or for purchasing 
or building, keeping in repair, or furnishing such school- 
house with necessary fuel and appendages, shall be law- 
fully assessed, and paid by any person on account of 
any real property whereof he is only tenant at will, or for 

T As amended by sec. 21, chap. 567, Laws of 1875. 



Of the Assessment of District Taxes. 53 

==• 
three years, or for a less period of time, such tenant may 
charge the owner of such real estate with the amount of 
the tax so paid by him, unless some agreement to the con- 
trary shall have been made by such tenant. 

§ 73. Every taxable inhabitant of a district who shall when ex- 
have been, within four years, set off from any other dis-taxfor° m 
trict without his consent, and shall, within that period, have louse 1 " 
actually paid in such other district, under a lawful as- 
sessment therein, a district tax for building a school-house, 
shall be exempted by the trustees of the district where he 
shall reside from the payment of any tax for building a 
school-house therein. 

§ 74. When any real estate within a district so liable to on non- 
taxation shall not be occupied and improved by the owner, [f^ 611 * 
his servant or agent, and shall not be possessed by any ten- 
ant, the trustees of any district, at the time of making out 
any tax list by which any tax shall be imposed thereon, 
shall make and insert in such tax list a statement and de- 
scription of every such lot, piece or parcel of land so owned 
by non-residents therein, in the same manner as required 
by law from town assessors in making out the assessment 
rolls of their towns : and if any such lot is known to belong r 

i I.llC0T*T3O" 

to an incorporated company liable to taxation in such dis- rated com- 
trict, the name of such company shall be specified, and the P auies > 6tc - 
value of such lot or piece of land shall be set down oppo- 
site to such description, which value shall be the same that 
was affixed to such lot or piece of land in the last assessment 
roll of the town ; and if the same was not separately valued 
in such roll, then it shall be'valued in proportion to the 
valuation which was affixed in the said assessment roll to 
the whole tract of which such lot or piece shall be part. 

* § 75. If any tax on real estate placed upon the tax ^° j^u^ 
list and duly delivered to the collector, or the taxes upon uncollect- 
non-resident stockholders in banking associations organ- method of 
ized under the laws of congress, shall be unpaid at the P rocedur& ' 
time the collector is required by law to return his war- 
rant, he shall deliver to the trustees of the district an ac- 
count of the taxes remaining due, containing a descrip- 
tion of the lands upon which such taxes were unpaid as 

the same were placed upon the tax list, together with the 
amount of the tax so assessed, and upon making oath 
before any justice of the peace or judge of court of 
record that the taxes mentioned in any such account re- 

* As amended by sec. 22, chap. 567, Laws of 1875, and by sec. 1, chap. 250, 
Laws of 1883. 



54 Consolidated School Act of IS 64. 



title 7. ma j n lin paid, and that, after diligent efforts, he has been 

unable to collect the same, he shall be credited by said 

trustees with the amount thereof. 

Trustees § 76. Upon receiving any such acconnt from the col- 

utot S reas- lector, the trustees shall compare it with the original tax 

count° f ^ st ' an( ^' ^ ^ ie .) 7 ^ n( ^ ^ *° ^ e a ^ rne transcript, they shall 

add to such account their certificate, to the effect that 

they have compared it with the original tax list and found 

it to be correct, and shall immediately transmit the account, 

affidavit and certificate, to the treasurer of the county. 

Treasurer *§ 77. Out of any moneys in the county treasury raised 

the'taxes, for contingent expenses, the treasurer shall pay to the 

o«£^L the collector the amount of the taxes so returned as unpaid, 

before the and if there are no moneys m the treasury applicable to 

supervis- such purpose, the board of supervisors at the time of 

shainevy levying said unpaid taxes, as provided in the next section, 

tax, etc. shall pay to the collector of the school district the amount 

thereof by voucher or draft on the county treasurer in the 

same manner as other county charges are paid, and the 

collector shall be again charged therewith by the trustees. 

county f§78. Such account, affidavit and certificate shall be 

to lay the laid by the county treasurer before the board of super- 

befonfthe visors of the county, who shall cause the amount of such 

ors- e their Iin P a ^d taxes, with seven per cent of the amount in acldi- 

powers _ tion thereto, to be levied upon the lands on which the 

and duties . -i t •£ • j j.i i i _e 

thereon, same were imposed; and it imposed upon the lands of 
any incorporated company, then upon such company ; 
and when collected the same shall be returned to the 
county treasurer to reimburse the amount so advanced, 
with the expenses of collection ; and if imposed upon the 
stock of a non-resident stockholder in a banking associa- 
tion organized under the laws of congress, then the same, 
with seven per cent of the amount in addition thereto, 
shall be a lien upon any dividends thereafter declared 
upon such stock, and upon notice by the board of super- 
visors to the president and directors of such bank of such 
charge upon such stock, the president and directors shall 
thereafter withhold the amount so stated from any future 
dividends upon such stock, and shall pay the same to the 
collector of the town duly authorized to receive the same. 
Any person § 79. Any person whose lands are included in any such 
payment 6 account may pay the tax assessed thereon to the county 
j 3 e e j° resaid treasurer, at any time before the board of supervisors shall 
have directed the same to be levied. 

. 

*As amended by sec. 1, chap. 455, Laws of 1880, and by sec. 1, chap. 333, 
Laws of 1887. 

+ As amended by sec. 23, chap. 567, Laws of 1875, and by sec. 2, chap. 250, 
Laws of 1883. 



Of the Assessment of District Taxes. 55 



§ 80. The same proceedings in all respects shall be had p rocee d- 
for the collection of the amount so directed to be raised {.^ * s for 
by the board of supervisors as are provided by law in taxes, 
relation to the county taxes ; and, upon a similar account, 
as in the case of county taxes of the arrears thereof uncol- 
lected, being transmitted by the county treasurer to the 
comptroller, the same shall be paid on his warrant to the 
treasurer of the county advancing the same ; and the 
amount so assumed by the state shall be collected for its 
benefit, in the manner prescribed by law in respect to the 
arrears of county taxes upon land of non-residents ; or if 
any part of the amount so assumed consisted of a tax 
upon any incorporated company, the same proceedings 
may also be had for the collection thereof as provided by 
law in respect to the county taxes assessed upon such 
company. 

*§ 81. The warrant for the collection of a district tax warrant, 
shall be under the hands of the trustees, or a majority of effect of. 
them, with or without their seals ; and it shall have the 
like force and effect as a warrant issued by a board of 
supervisors to a collector of taxes in the town ; and the 
collector to whom it may be delivered for collection shall 
be thereby authorized and required to collect from every 
person in such tax list named, the sum set opposite to his 
name, or the amount due from any person or persons 
specified therein, in the same manner that collectors are 
authorized to collect town and county charges. 

f § 82. A warrant for the collection of a tax voted by Delivery 
the district shall not be delivered to the collector until warrant, 
the thirty-first day after the tax was voted. A warrant 
for the collection of any tax not so voted may be deliv- 
ered to the collector whenever the same is completed. 

£§ 83. Within such time, not less than ten days, as the collectors 
trustees shall allow him for the purpose, the collector, a bond 
before receiving the first warrant for the collection of 
money, shall execute a bond to the trustees, with one or 
more sureties, to be approved by a majority of the trus- 
tees, in such amount as the district meeting shall have 
fixed, or if such meeting shall not have fixed the amount, 
then in such amount as the trustees shall deem reasonable, 
conditioned for the due and faithful execution of the 
duties of his office. The trustees, upon receiving said 
bond, shall if they approve thereof, indorse their approval 
thereon, and forthwith deliver the same to the town clerk 

* As amended by sec. 18, chap. 406, Laws of 1867. 
+ As amended by sec. 19, chap. 406, Laws of 1867. 

% As amended by sec. 24, chap. 567, Laws of 1875, and by sec. 1, chap. 334, 
Laws of 1887. 



56 Consolidated School Act of 1864. 



TITLE 7. 



of the town in which said collector resides, and said clerk 
filed with shall file the same in his office and enter in a book to be 
towncer j^^ ^ j^ m ^ ^ a |. p Ur p 0sej a memorandum showing 

the date of said bond, the names of the parties and sure- 
ties thereto, the amount of the penalty thereof, and the 
date and time of filing the same, and said town clerk is 
authorized to receive as a fee for such filing and menio- 
cierk's fee randum, the sum of twenty-five cents, which sum is 
boud Iing hereby made a charge against the school district interested 

in said bond, 
collector *§ 84. The collector, on the receipt of a warrant for 
gi f ve a cer- to ^ ne collection of taxes, shall give notice to the tax payers 
taiu no- f the district, by publicly posting written or printed, or 
partly written and partly printed notices in at least three 
public places in such district, one of which shall be on 
the outside of the front door of the school-house, stating 
that he has received such warrant and will receive all 
such taxes as may be voluntarily paid to him, within two 
weeks from the time of posting said notice. Such col- 
lector shall also give a like notice, either personally or by 
mail, at least ten days previous to the expiration of the 
two weeks aforesaid, to the ticket agent at the nearest 
station of any railroad corporation assessed for taxes, upon 
the tax list delivered to him with the aforesaid warrant, 
and no school collector shall be entitled to recover from 
any railroad corporation more than one per cent fees on 
the taxes assessed against such corporations, unless notice 
shall have been given as aforesaid, and in case the whole 
amount of taxes shall not be so paid in. the collector shall 
Fees. forthwith proceed to collect the same. He shall receive 
for his services on all sums paid in as aforesaid, one per 
cent, and upon all sums collected by him after the expira- 
tion of the time mentioned, five per cent, except as herein- 
before provided, and in case a levy and sale shall be 
necessarily made by such collector, he shall be entitled to 
traveling fees, at the rate of ten cents per mile, to be 
computed from the school-house in such district. 
warrant f § 85. Any collector to whom any tax list and warrant 
ecuted uf" may be delivered for collection may execute the same in 

any other anv other district or town in the same county, or in any 

town, etc. J . , , . . . . . -v. -\ 

other county where the district is a joint district and 

composed of territory from adjoining counties, in the 

same manner and with the like authority as in the district 

in which the trustees issuing the said warrant may reside, 

and for the benefit of which said tax is intended to be 

* As amended by chap. 33, Laws of 1877. 

Note— For the collection of taxes against railroad companies, see cbap. 
675, Laws of 1881. as amended by sec. 1, chap. 319, Laws of 1882, in appendix. 
t As amended by sec. 20, chap. 40b, Laws of 1867. 



Of the Assessment of District Taxes. 57 



collected ; and the bail or sureties of any collector, given TITLE7 - 
for the faithful performance of his official duties, are 
hereby declared and made liable for any moneys received 
or collected on any such tax list and warrant. 

* § 86. If the sum or sums of money, payable by any Trustees 
person named in such tax list or rate bill, shall not be {^unpaid 
paid by him or collected by such warrant within the time ta *£jj a n 
therein limited, it shall and may be lawful for the trustees cases, 
to renew such warrant in respect to such delinquent per- 
son ; or in case such person shall not reside within their 
district at the time of making out a tax list, or shall not 
reside therein at the expiration of such warrant, or in case 
the property assessed be real estate belonging in an incor- 
porated company, and no goods or chattels can be found 
whereon to levy the tax, the trustees may sue for and 
recover the same in their name of office. 

f § 87. Whenever the trustees of any school district Trustees 
shall discover any error in a tax list made out by them, rect error 
they may, with the approbation and consent of the super- ^consent 
intenclent of public instruction, after refunding any ? f s «periu- 
amount that may have been improperly collected on such 
tax list, if the same shall be required by him, amend and 
correct such tax list, as directed by the superintendent, in 
conformity to law ; and whenever more than one renewal if more 
of a warrant for the collection of any tax list may become renewal 6 
necessary in any district, the trustees may make such ™ "seJjf „ e f 
further renewal, with the written approbation of the super- supervisor, 
visor of any town in which a school-house of said district 
shall be located, to be indorsed upon such warrant. 

^ § 88. The collector shall keep in his possession all Custody of 
moneys received or collected by him by virtue of any the'col- by 
warrant, or received by him from the county treasurer or lector - 
board of supervisors for taxes returned as unpaid, to be 
by him paid out upon the order of a majority of the trus- 
tees ; and heshall report in writing at the annual meeting, shall re- 
all his collections and disbursements, and shall pay over annua? 
to his successor in office, when he has duly qualified and meetin s- 
giveu bail, all moneys in his hands belonging to the district. 

§ 89. If by the neglect of any collector any moneys Collector 
shall be lost to any school-district, which might have been anTioss" 1 ' 
collected within the time limited in the warrant delivered 
to him for their collection, he shall forfeit to such district 
the amount of the moneys thus lost, and shall account for 
and pay over the same to the trustees of such district, in 
the same manner as if they had been collected. 

* As amended by sec 25, chap. 567, Laws of 1875. 
+ As amended by sec. 23, chap. 406, Laws of 1867. 
% As amended by sec. 2, chap. 333, Laws of 1887. 



58 Consolidated School Act of 1864. 



Trustees' § 90. For the recovery of all such forfeitures, and of all 
to sue for balances, in the hands of the collector, which he shall have 
of money neglected or refused to pay to his successor, the trustees, 
or'shandsT. hi their name of office, shall have their remedy upon the 
official bond of the collector, or any action and any remedy 
given by law ; and they shall apply all such moneys, when 
recovered, in the same 'manner as if paid without suit. 
Trustee to * § 91. Within fifteen days after any tax list and war- 
file tax list ran t shall have been returned by a collector to the trustees 

and war- J 

rant when ot any school district, the trustees shall deliver the same 
e urne . ^ ^ e town clerk of the town in which the collector resides, 
and said town clerk shall file the same in his office. 

TITLE VIII. 

OF SCHOOL DISTRICT LIBRARIES, AND THE APPLICATION OF 
LIBRARY MONEYS. 

Taxable t Section 1. The taxable inhabitants of each school 
antsmay district in the state shall have power, when lawfully 
yotetax of assembled in any district meeting to levy a tax on the 

$50 fordis- ^ 

trict libra- district, not exceeding in an}' one year the sum of fifty 
bookcases dollars for the purchase of such books as they shall direct 
for the district library, and such further sum as they may 
deem necessary for the purchase of a book-case. All 
books and cases which may have been or shall be pur- 
chased with moneys raised by such taxes, or with moneys 
apportioned to the district for library purposes, and all 
books which have been given to and accepted by the 
trustees for the library, shall compose the library of the 
district. 
Public X § 2. The sum of fifty thousand dollars, directed to be 

district for distributed to the several school districts of this state, by 
libraries, the fourth section of chapter two hundred and thirty-seven 
of the laws of eighteen hundred and thirty-eight, shall 
continue to be applied to the purchase of books for the 
district libraries. 
Library § 3. But whenever the number of volumes in the dis- 

whentobe tr i ct library of any district numbering over fifty children 
applied to between the ages of five and sixteen, shall exceed one 
and when' hundred and twenty -five, or of any district numbering 
e^wages. fifty children or less between the said ages, shall exceed 
one hundred volumes, the inhabitants of the district 
qualified to vote therein may, at a special or annual meet- 
ing duly notified for that purpose, by a majority of votes 
appropriate the whole or any part of the library money 

* As added by sec. 2, chap. 334, Laws of 1887. 
t As amended by sec. 26, chap. 567, Laws of 1875. 
$ As amended by sec. 27, chap. 567, Laws of 1875. 



Of School District Libraries. 59 



belonging to the district for the current year to the pur- 
chase" of maps, globes, blackboards, or other scientific 
apparatus for the "use of the school ; and in every district 
having the required number of volumes in the district 
library, and the maps, globes, blackboards and other appa- 
ratus aforesaid, the said moneys, with the approbation of 
the superintendent of public instruction, may be applied 
to the payment of qualified teachers' wages. 

§ 4. When the library money apportioned to a district g^ 8 *^" 
in any one year shall be less than three dollars, the trustees f» ai ^or , 
may apply it in payment of qualified teachers' wages. wages. 

§ 5. The trustees of every school district shall be trus- ^| t v ees 
tees of the library of such district, and the property of all custody of 
books therein, and of the case and other appurtenances llbrary - 
thereof, shall be deemed to be vested in such trustees so 
as to enable them to maintain any action in relation to 
the same. ' It shall be their duty to preserve such books 
and keep them in repair ; and the expenses incurred for 
that purpose may be included in any tax list to be made 
out by them as trustees of a district, and added to any tax 
voteol by a district meeting, and shall be collected and 
paid over in the same maimer. The librarian of any dis- D of 
trict library snail be subject to the directions of the trus- librarian, 
tees thereof, in all matters relating to the preservation of 
the books and appurtenances of the library, and may be 
removed from office by them for willful disobedience of 
such directions or for any willful neglect of duty. 

§ 6. Trustees shall be liable to their successors, and the Liability 
librarian shall be liable to the trustees, for any neglect f™' t b ° oks 
or omission of their respective duties, by which any injured. 
book shall be lost, destroyed or damaged, to the amount 
of such damage and the value of the book so destroyed or 
lost. 

§ 7. All moneys, recovered under the last preceding Moneys re- 
section, and all moneys received upon any policy of insur- polities 3 
ance procured upon the library, and all fines and penalties f 1 r d insur . 
imposed by or in pursuance of this title, shall be applied, ance to be 
by the trustees, in the purchase of books for, and in the a h<Ppur- m 
reparation and care of the library. books for 

§ 8. Any two or more adjoining districts, with the con- library, 
sent of all the commissioners of the school commissioner may^Sfte 
districts within which they lie, may, by a majority of tfteir 

. it . ■ i • i'i • 1 libraries. 

votes m their several districts, unite their libraries, and 
apply their library moneys and funds to the care, repara- 
tion and augmentation of their joint library so formed. 



60 Consolidated School Act of 1864. 



Trustees All the trustees of such districts shall be trustees of such 
rianof ra ~ library, with all the powers, duties and liabilities conferred 
joint- and imposed by this title upon the trustees of a library of 
1 raiy ' a district, and the librarian shall be appointed by them, 
and have the powers and be subject to the duties and 
liabilities conferred and imposed by this title upon the 
librarian of a district ; but upon the question of his ap- 
pointment or removal, and upon any other question which 
may arise in the board of trustees, the trustee or trustees 
of each district shall have one vote only. All the districts 
owning such library shall be considered as a school dis- 
trict, and the library as a school district library, within 
the meaning of the subsequent provisions of this title. 
Procedure § 9. The agreement forming a joint library may be 
ing joint" terminated by the votes of all the several districts that 
library. ma de it, or by the votes of any one or more of them less 
than the whole, provided a majority of the school com- 
missioners within whose districts the school districts lie 
advise and consent thereto, or the superintendent of pub- 
lic instruction so order. 
Dissolution § 10. When such an agreement shall be dissolved, 
ion oVJoint the trustees of the several districts (the trustee or 
library. trustees of each district having only one vote) shall 
divide the library, and all the joint funds on hand, 
including all fines and penalties incurred, among the 
several districts; and if they cannot agree, then such 
division shall be made by the commissioners within 
whose districts the school districts lie, or by some officer 
or person selected by the superintendent of public in- 
struction. 
Former § 11. The general regulations respecting the preserva- 

in S force? ns tion of school district libraries, the delivery of them by 
be revised librarians and trustees to their successors in office, the 
etc , by ' use of them by the inhabitants of the district, the number 
tenfent. of volumes to be taken by any one person at any one 
time or during any term, the periods of their return, the 
fines and penalties that may be imposed by the trustees 
of such libraries for not returning, for losing or destroy- 
ing any of the books therein, or for [soiling, defacing or 
injuring them, heretofore framed by the superintendent 
of public instruction, are continued in force, and he may, 
from time to time, amend, annul or add to them, and 
shall, from time to time, furnish printed copies of the reg- 
ulations in force, and of such amendments, annulments 
and additions to the trustees of such libraries ; and all 



Of School District Libraries. 61 



TIT I F S 

such regulations shall be obligatory upon all persons and 
officers having charge of such libraries, or using or pos- 
sessing any of the books thereof. Such lines may be re- of minors 

& j # , , J using 

covered in an action of debt, in the name of the trustees library, 
of anj' such library, of the person on whom they are im- 
posed, unless such person be a minor ; in which case they 
may be recovered of the parent or guardian of such 
minor, unless notice in writing shall have been given by 
such parent or guardian to the trustees of such library 
that they will not be responsible for any books delivered 
to such minor. And persons with whom such minors re- 
side shall be liable, in the same manner and to the same 
extent, in cases where the parent of such minor does not 
reside in the district. 

§ 12. The superintendent of public instruction, when- superin- 
ever he may deem proper, may require the trustees of ^ayre- 
any such library to make to him or to the school commis- quire re- 
sioner, a report showing the contents and condition of the p 
library, the tines imposed, and any other information 
which he may deem proper touching the library, or its 
management, and shall prescribe the form, contents and 

• -* i at " • Teacher 

authentication ot such report. And may impose it as a may be 
duty upon the teacher employed in any district, under the upolfto' 
direction of the trustees, to assist them in making such assist. 
examination, and when such direction is given, the 
teacher may close the school one day for the purpose of 
making such examination, and the same shall not be ac- 
counted as lost time. 

§ 13. If any such trustees willfully neglect or refuse to Penalty for 
make any such report, the superintendent shall cause all makfTre^ 
library moneys to be withholclen from the district until port. 
the report be made and considered by him, and such 
moneys shall, if he see cause, be forfeited by the district, 
in which case they shall be apportioned among the school 
districts of the county in which the library is situated, 
other than such school district. And any trustee or 
trustees, through whose neglect or refusal, such moneys 
shall be lost to the district, shall forfeit and pay to the 
district twice the amount of such moneys, for the benefit 
of the library of the district, and such forfeiture may be 
recovered by his or their successors in office. 

§ 14. The superintendent, whenever thereto requested superin- 
by the trustees of any district school library, may select may select 
the library, or books for the library of the district, and llbrar y- 
cause the same to be delivered to the clerk of the county. 



62 



TITLE 9. 



Consolidated School, Act of 1864. 

. § 15. The act entitled " An act to provide for the dis- 
tribution of standard works of American authors among' 
the libraries of district schools," passed April twelfth, 
eighteen hundred and fifty-six, is hereby repealed. 



TITLE IX. 



Call for 
special 
meeting 
to form 
district 



When 
superin- 
tendent 
may give 
notice. 



Qualifica- 
tion of 
voters. 



Formation 
of union 
free 

schools in 
incorpo- 
rated vil- 
lages. 



In other 
districts. 



OF UNION FKEE SCHOOLS. 

Section 1. Whenever fifteen persons entitled to vote 
at any meeting of the inhabitants of any school district in 
the state, shall sign a call for a meeting, to be held for the 
purpose of determining whether a union free school 
shall be established therein, in conformity with the pro- 
visions of this title, it shall be the duty of the trustees 
of such district, within ten days after such call shall have 
been presented to them, to give public notice that a meet- 
ing of the inhabitants of such district, entitled to vote 
thereat, will be held for such purpose as aforesaid, at the 
school-house, or other more suitable place, in such dis- 
trict, on a day and at an hour in such notice to be speci- 
fied, not more than twenty days after the publication of 
such notice. If the trustees shall refuse to give such 
notice, or shall neglect to give the same for twenty days, 
the superintendent of public instruction may authorize 
and direct any inhabitant of said district to give the same. 
The qualifications of the inhabitants, entitled to vote at 
such meeting as now by law expressed, shall be suffici- 
ently set forth in the notice aforesaid. 

*§ 2. Whenever such district shall correspond wholly or 
in part with an incorporated village, in which there shall 
be published a daily or weekly newspaper, the notice afore- 
said shall be given by posting at least five copies thereof, 
severally, in various conspicuous places in said district, at 
least twenty days prior to such meeting, and by causing 
the same to be published once a week for three consecutive 
weeks before such meeting, in all the newspapers pub- 
lished in said district. In other districts the said notice 
shall be given by posting the same as aforesaid, and in 
addition thereto, the trustees of such district shall author- 
ize and require any taxable inhabitant of the same, to 
notify every other inhabitant (qualified to vote as afore- 
said), of such meeting, to be called as aforesaid, who shall 



* A<? amended by sec. 1, chap. 50, Laws of J876. 



Of Union Free Schools. 63 



TITLE 9. 

give such notification in the manner and subject to the 
penalty prescribed in the case of. the formation of a new 
school district by title seven of this act. 

§ 3. The reasonable expense of such notices, and of noUces Se ° f 
their publication and service, shall be chargeable upon hovv P aid - 
the district, in case a union free school is established by 
the meeting so convened, to be levied and collected by 
the trustees, as in cases of taxes now levied for school 
purposes ; but in the event that such union free school 
shall not be established, then the said expense shall be 
chargeable upon the inhabitants signing the call, jointly 
and severally, to be sued for if necessary in any court 
having jurisdiction of the same. 

*§ 4. Whenever fifteen persons, entitled as aforesaid, Union free 

i c S • • • t j_ ■ in .' schools of 

from each of two or more adjoining districts, shall unite two or 
in a call for a meeting of the inhabitants of such districts, districts, 
to determine whether such districts shall be consolidated 
by the establishment of a union free school therefor and 
therein, it shall be the duty of the trustees of such dis- 
tricts, or a majority of them, to give like public notice of 
such meeting, at some convenient place within such dis- 
tricts and as central as may be, within the time, and to 
be published and served in the manner set forth in the 
second section of this title, in each of such districts. The 
reasonable expenses of preparing, publishing and serving 
such notices shall be chargeable upon the union free 
school district, and be collected by tax, if a union free 
school shall be established pursuant to such call, but other- 
wise the signers of the call shall be jointly and severally 
liable for such expenses. The superintendent of public 
instruction may order such meeting under the conditions 
and in the manner prescribed in the first section of this 
title. 

f § 5. Any such meeting, held as aforesaid, shall bej^aniza- 
organized by the appointment of a chairman and secre- adjourn- 
tary, and may be adjourned from time to time by a meeting, 
majority vote ; provided that such adjournment shall not 
be for a longer period than ten days ; and whenever any 
such meeting, at which not less than fifteen persons enti- 
tled to vote thereat shall, by the affirmative vote of a Majority 
majority present and voting, determine to establish a terminals 
union free school in said district, pursuant to such notice, ^eeschooL 
it shall thereupon be lawful for such meeting to proceed 

* As amended by sec. 15, chap. 617, Laws of 1865. 

+ As amended by sec. 2, chap. 50, Laws of 1876, and by sec. 10, chap. 413, 
Laws of 1883, and sec. 2, chap, 49, Laws of 1884. 



64 Consolidated School Act of 1S64. 



Election of to ^ ie e l ect i 0I b by ballot, of not less than three, nor more 
trustees than nine trustees, who shall, by the order of such meet- 
of service, ing, be divided into three several classes ; the first to hold 
until one, the second until two, and the third until three 
years from the last Tuesday in August coincident with 
or following, except in the cases iu the next section pro- 
vided for ; and when the trustees so elected shall enter 
upon their office, the office of any existing trustee or 
trustees shall cease, except for the purposes stated in 
section eleven of title six of this act. The said trustees, 
Board of and their successors in office, shall constitute the board of 
education of and for the union free school district for 
Sonsr to w bich they are elected, and the designation of such dis- 
designate trict as union free school district number , of the town 
district, of , shall be made by the school commissioner hav- 

ing jurisdiction of the district; and the said board shall 
have the name and style of the board of education of 
copies of (adding the designation aforesaid) ; copies of said 

fngs'tobl "call, minutes of said meeting or meetings, duly certified 
andflied. by the chairman and secretary thereof, shall be by them, 
or either of them, transmitted and deposited, one to and 
with the town clerk, one to and with the school commis- 
sioners, in whose jurisdiction said districts are located, 
and one to and with the superintendent of public instruc- 
tion ; but when at any such meeting, the question as to 
the establishment of a union free school shall not be de- 
cided in the affirmative, as aforesaid, then all further pro- 
ceedings at such meeting, except a motion to reconsider 
or adjourn, shall be dispensed with, and no such meeting 
shall be again called within one year thereafter, 
where dis- * § ®- Whenever said board of education shall be con- 
tri rre limit d ^ituted for any district or districts whose limits corre- 
with those spond with those of any incorporated village or city, the 
porated trustees so elected shall, by the order of such meeting, be 
eity- g eiec- divided into three several classes : the first class to serve 
tion'of until one, the second until two, and the third until three 
' years after the day of the next charter election in such 
village or city, and their regular term of service shall be 
computed from the several days of such charter elections, 
and not from the second Tuesday in October. And there- 
after there shall be annually elected in such villages and 
cities, by separate ballot, to be indorsed " school trustees," 
in the same manner as the charter officers thereof, trus- 

* Note.— In relation to election of officers in districts having more than 
300 children of school age, see chap. 218, Laws of 1S78, in the Appendix. 



Of Union Free Schools. 65 



tees of the said union free schools, to supply the places of 
those whose terms by the classification aforesaid are about 
to expire. 

* S T. The said boards of education are hereby severally Boards of 

° i i t i i i ii j. -j. n l education 

created bodies corporate, and each snail, at its tirst meet- created 
ing, and at each annual meeting thereafter, elect one of porate. cor 
their number president. They may, with the advice and 
consent of a majority of the legal voters entitled to vote 
on questions of taxation, to be had at an annual meeting 
of the inhabitants, appoint a clerk to the board. Such cierk, ap- 
appointed clerk must be a resident of the district, and a^ 1 "*™ 6111 
person other than a trustee or a teacher in the employ of 
the board. The clerk so appointed shall be the general 
librarian of the district, and also perform all the clerical 
and other duties pertaining to his office. For his services Salary ' 
he shall be entitled to receive a salary, which shall not be 
greater than twenty-five cents a year for each scholar, to 
be computed from the actual average daily attendance for 
the previous year, as set forth in the annual report to the 
school commissioner, or less, as in the best judgment of 
said legal voters to be had at such annual meeting ; such 
consent and approval not to be for a longer period of time Districts 
than one year. In case no provision is made at an an- outside 
nual meeting of the inhabitants for the appointment and villages, 
payment of a clerk, then and in that case the board will f^t o l f 
appoint one of their own number to act as clerk. In dis- ^ s £™ r 
tricts other than those whose limits correspond with lector for. 
those of any city or incorporated village, said board 
shall have power to appoint one of the taxable inhabitants 
of their district treasurer, and another collector of the 
moneys to be raised within the same for school purposes, 
who shall severally hold such appointments during the 
pleasure of the board. Such treasurer and collector shall 
each, and within ten days after notice in writing of his ap- 
pointment, duly served upon him, and before entering upon 
the duties of his office, execute and deliver to the said board etc? ds ° ' 
of education a bond, with such sufficient penalty and 
sureties as the board may require, conditioned for the 
faithful discharge of the duties of his office. And in etc. 
case- such bond shall not be given within the time spe- 
cified, such office shall thereby become vacant, and said 
board shall thereupon, by appointment, supply such va- 
cancy. 

* As amended by chap. 161, Laws of 1877. This section (7) does not apply 
to the towns of Cortlandt and White Plains, Westchester county. 



QQ Consolidated School Act of 1864. 



TIT! "P Q 

corporate § 8. The corporate authorities of any incorporated vil- 
fo ra?seby l a £ e or C ^J> m which any such union free school shall be 
tax, etc. established, shall have power, and it shall be their duty, 
to raise, from time to time, by tax, to be levied upon all 
the real and personal property in said city or village, as 
by law provided for the defraying of the expenses of its 
municipal government, such sum or sums as the board of 
education established therein shall declare necessary for 
the furtherance of any of the powers vested in them by 
law. The sums so declared necessary shall be set forth 
submit in a detailed statement in writing, addressed to the cor- 
to^orpo- 6 porate authorities by the board of education, giving the 
tifriti 1 " various purposes of anticipated expenditure, and the 
amount necessary for each ; and the said corporate au- 
thorities shall have no power to withhold the sums so 
declared to be necessary for teachers' wages and the ordi- 
nary contingent expenses of supporting the school or 
schools of said district, 
when the * § q_ j n case t j ie corporate authorities shall refuse to 
authorities provide for any or all of the other purposes of expendi- 
levy taxde- t ure declared necessary in the statement aforesaid, they 
eraaryin 5 " sna ^ communicate in writing to the said board of educa- 
statement. tion their objections to each and every expenditure which 
they refuse tro allow, and thereupon the said board of edu- 
cation shall cause the said communication to be published 
six times in at least one paper published or circulating in 
such district, and the said corporate authorities may, at 
any time, reconsider their action in refusing to allow such 
expenditures, or any of them, or may allow such other 
sums for any or all of such expenditures as the board of 
education in any subsequent or modified statement ma}' 
meeting of recommend. The annual meeting of the board of edu- 
b d a cat? f n ca ^ on °f every union free school district shall be held 

on the first Tuesday of September in each year, 
anmfafand "I" § 10. A majority of the voters of any union free school 
special district, other than those whose limits correspond with 
ings ' an incorporated city or village, present at any annual or 
special district meeting, duly convened, may authorize 
such acts, and vote such taxes as they shall deem expedi- 
ent for making additions, alterations or improvements to 
or in the sites or structures belonging to the district, or 
for the purchase of other sites or structures, or for a change 

* As amended by sec. 11, chap. 413, Laws of 1883. 

+ As amended by sec. 3, chap. 49, Laws of 1884, and by sec. 1, chap. 595, 
Laws of 1886. 



Of Union Free Schools. 67 



of sites, or for the erection of new buildings, or for buy- 
ing apparatus or fixtures, or for paying the wages of teach- 
ers and the necessary expenses of the schools, or for such 
other purpose relating to the support and welfare of the 
school as they may, by resolution approve ; and they may 
direct the moneys so voted to be levied in one sum, or by biased 
installments: but no addition to or change of site or pur- in install- 

incuts 

chase of a new site or tax for the purchase of any new 
site or structure, or for the purchase of an addition to 
the site of any school-house, or for building any new 
school-house or for the erection of an addition to any 
school-house already built, shall be voted at any such meet- 
ing unless a notice by the board of education stating that of\ e he°pro- 
such tax will be proposed, and specifying the amount and posed ac- 
object thereof, shall have been published once in each be given; 
week for the four weeks next preceding such district giving 61 ' of 
meeting, in two newspapers if there shall be two, or in notice, 
one newspaper if there shall be but one, published in such 
district. But if no newspaper shall be published therein, 
the said notice shall be posted up in at least ten of the 
most public places in said district twenty days before the 
time of such meeting. And whenever a tax for any of 
the objects hereinbefore specified shall be legally voted 
the board of education shall make out their tax list, and 
attach their warrant thereto, in the manner provided in 
article seven of title seven of this act, for the collection 
of school district taxes, and shall cause such taxes or such 
installments to be collected at such times as they shall 
become due. No vote to raise money shall be rescinded, Rescinding 
nor the amount thereof be reduced at any subsequent meet- ^e. 10 
ing, unless the same be done within ten days after the same m ° n ®7' ol " 
shall have been first voted. For the purpose of gi ving effect the amount 
to these provisions, trustees, or boards of education are voted ' 
hereby authorized, whenever a tax shall have been voted 
to be collected in installments for the purpose of building 
a new school-house or for the purchase of a new site or 
for an addition to a site, to borrow so much of the sum 
voted as may be necessary, at a rate of interest not ex- 
ceeding six per cent, and to issue bonds or other evidences when 
of indebtedness therefor, which shall be a charge upon bels^ued? 
the district, and be paid .at maturity, and which shall not 
be sold below par ; due notice of the time and place of 
the sale of such bonds shall be given at least ten days 
prior thereto. 

§11. Any moneys required to pay teachers' wages in aii moneys 



68 Consolidated School Act of 1864. 



to be raised a union f ree school, or in the academical department 
an^not b thereof, after the cine application of the scliool moneys 
rate bill, thereto, shall be raised by tax, and not by rate bill. 
Every such § 12. Every union free school district shall, for all the 
schooidis- purposes of the apportionment and distribution of school 
trict. moneys, be regarded and recognized as a scliool district. 
educat?on, § ^. The said board of education of every union free 
their pow- school district shall severally have power : 
To make 1- To P ass S11C ^ by-la ws as they may deem proper for 
by-iaws. the regulation and exercise of their lawful business and 

powers. 
Toregu- 2. To establish such rules and regulations concerning 

piineof 01 " the order and discipline of the school or schools, in the 
the school. se veral departments thereof, as they may deem ecessary 

to secure the best educational results. 
To grade 3. To grade and classify the school or schools of the dis- 

ciGCi Cl£lSS~ 

ify. trict, and to regulate the admission of pupils and their 

transfer from one class or department to another, as their 
scholarship shall warrant. 
To pre- 4. To prescribe the text-books to be used in the schools, 

furnish 11 and to compel a uniformity in the use of the same, and to 
text-books, f nrnisli the same to pupils out of any moneys provided for 

that purpose. 
To have 5. To take charge and possession of the school-houses, 

ail proper- sites, lots, furniture, books, apparatus, and all school prop- 
erty within their respective districts ; and the title of the 
same shall be vested respectively in said board of educa- 
tion, and the same shall not be subject to taxation for any 
purpose, 
reai'estate. 6. To take and hold for the use of the said schools or of 
any department of the same, any real estate transferred 
to it by gift, grant, bequest or devise, or any gift, legacy 
or annuity, of whatever kind, given or bequeathed to the 
said board, and apply the same, or the interest or proceeds 
thereof, according to the instructions of the donor or tes- 
tator. 
hsh e an a aca- * ^' To nave j nl a ll respects the superintendence, man- 
demicai agement and control of said union free schools, and to 
ment. establish in the same an academical department, whenever 
in their judgment the same is warranted by the demand for 
such instruction ; to receive into said union free schools 
To regulate any pupils residing out of said districts, and to regulate 
fees' of non- and establish the tuition fees of such non-resident pupils 
ptfpns nt i R the several departments of said schools; to provide fuel, 

*Note — See chap. 413, Laws of 1884, in appendix. 



Of Union Fkee Schools. 69 



furniture, apparatus and other necessaries for the use of 
said schools, and to appoint such librarians as they may, 
from time to time, deem necessary. 

* 8. To contract with and employ qualified teachers in T ,° °°" v " ifch 
the several departments of instruction, in all not less than and em- 
one for every fifty pupils attending such schools ; to re- ers and ac " 
move them at any time for neglect of duty or for immoral J^™^ 8 
conduct, and to pay the wages of such teachers out of the 
moneys appropriated for that purpose. 

9. To fill any vacancy which may happen in said board to ah va- 
by reason of the death, removal or refusal to serve of any the board, 
member or officer of said board ; and the person so ap- 
pointed in the place of any such member of the board shall 

hold his office until the next election of trustees, as by this 
act provided. 

10. To remove any member of their board for official member^ 6 
misconduct. But a written copy of all charges made of of the 
such misconduct shall be served upon him at least ten days 
before the time appointed for a hearing of the same ; and 

he shall be allowed a full and fair opportunity to refute 
such charges before removal. 

11. And generally to possess all the powers and privi-pQ^ e a r v ®f a11 
leges, and be subject to all the duties in respect to the trustees of 

9 i t ' ill i • • school dis- 

schools, or the common school departments m any union tricts and 
free school in said districts, which the trustees of common ofacadl- 3 
schools now possess or are subject to, not inconsistent mies - 
with the provisions of this title ; and to enjoy, whenever 
an academical department shall be by them established, all 
the immunities and privileges now enjoyed by the trus- 
tees of academies in this state. 

f § 14. In union free school districts other than those May call 
whose limits correspond with any city or incorporated vil-^yetf,}^ 
lage, the board of education shall have power to call special 
meetings of the inhabitants, in the manner provided in 
section six of title seven of this act, for calling special 
meetings of districts by trustees, and they shall give no- 
tice of the time and place of holding the annual school Time of 
district meeting, which shall be held on the last Tuesday meeting. 
of August in each year. 

§15. It shall be the duty of the board at the annual Board to 

" . ,. , i . . <■ % i i , report esti- 

meeting of the district, besides any other report or state- mate of 
ment required by law, to present a detailed statement in to annual 
writing of the amount of money which will be required meeting. 

* As amended by sec. 17, chap. 647, Laws of 1865. 
t As amended by chap. 413, Laws of 1883. 



7ft Consolidated School Act of 1864. 



for the ensuing year for school purposes exclusive of the 

public moneys, specifying the several purposes for which 

it will be required, and the amount for each, but nothing 

May make j n this section contained shall be construed to prevent the 

such state- , -, « . -i r . •, 

mentat board irom presenting such statement at any special meet- 
any time. -^ ca u e( i f or the purpose, nor f rom presenting a supple- 
mentary and amended statement or estimate at any time. 
Powers of § 16. After the presentation of such statement, the 
ants'there- question shall be taken upon voting the necessary taxes to 
upon. meet the estimated expenditures, and when demanded by 
any voter present, the question shall be taken upon each 
item separately, and the inhabitants may increase the 
amount of any estimated expenditures or reduce the same, 
except for teachers' wages, and the ordinary contingent 
expenses of the school or schools, 
when § 17. If the inhabitants shall neglect or refuse to vote 

levy tax the sum or sums estimated necessary for teacher's wages, 
vote'ofWe after applying thereto the public school moneys, and other 
ants bit " moneys received or to be received for that purpose, pro- 
vided such estimate shall be for no more than one teacher 
for each fifty pupils attending such school, or if they shall 
neglect or refuse to vote the sum or sums estimated nec- 
essary for ordinary contingent expenses, the board of edu- 
cation may levy a tax for the same, in like manner as if 
the same had been voted by the inhabitants. 
Superin- § 18. If any question shall arise as to what are ordinary 
decide any contingent expenses the same may be referred to the 
as towhat superintendent of public instruction, by a statement in 
are "con- writing;, signed by one or more of each of the opposing* 

tingent ex- o' o «/ . i i -i • • e i 

penses." parties upon the question, and the decision of the super- 
intendent shall be conclusive. 
meetVnce § 19- It shall be the duty of each of the said boards of 
in each education, elected pursuant to the provisions of this title, 
to have a regular meeting at least once in each quarter, 
and at such meetings to appoint one or more committees, 
schools to visit every school or department under the supervision 
etc - of said board, and such committees shall visit all said 

schools at least twice in each quarter, and report at the 
next regular meeting of the board on the condition and 
prospects thereof. 
Expendi- § 20. It shall also be the duty of said boards, respectively, 
money. to have reference in all their expenditures and contracts 
to the amount of moneys which shall be appropriated, or 
subject to their order or drafts, during the current year, 
and not to exceed that amount. And said boards shall 



Of Union Free Schools. 71 



TTTTE 9 

severally apply all the moneys apportioned to the common 
school districts under their charge, to the departments 
below the academical ; and all moneys from the literature 
fund or otherwise, appropriated for the support of the 
academical department, to the latter departments. 

§ 21. All moneys raised for the use of the union free Moneys to 
schools in any city or incorporated village, or apportioned into vmage 
to the same from the income of the literature, common treasury, 
school or United States deposit funds, or otherwise, shall 
be paid into the treasury of such city or village, to the 
credit of the board of education therein; and the funds 
so received into such treasury shall be kept separate and 
distinct from any other funds received into the said treas- 
ury. And the officer having the charge thereof shall give ^curi°y to 
such additional security for the safe custody thereof as be given by 
the corporate authorities of such city or village shall re- 
quire. No money shall be drawn from such funds, cred- Moneys, 

.1 J . ' hovvdrawn. 

ited to the several boards of education, unless in pursuance 
of a resolution or resolutions of said board, and on drafts 
drawn by the president and countersigned by the secre- 
tary, payable to the order of the person or persons entitled 
to receive such money, and stating on their face the pur- 
pose or service for which such moneys have been author- 
ized to be paid by the said board of education. 

§ 22. All moneys raised for the use of said union free Payment, 
schools, other than those whose limits correspond with mentsfand 
those of any cities and incorporated villages, or apportioned f^g^o"^ 
from the income of the literature or common school or moneys. 
United States deposit funds, or otherwise, shall be paid 
to the respective treasurers of the said several boards of 
education entitled to receive the same, and be by them 
applied to the uses of said several boards, who shall an- 
nually render their accounts of all moneys received and 
expended by them for the use of said schools, with every 
voucher for the same, and certified copies of all orders of 
the said board touching the same, to the school commis- 
sioner of the town in which the principal school-house of 
the district is located. 

§ 23. Every academical department, established asAcademi- 
aforesaid, shall be under the visitation of the regents of ^ n d ^ part ' 
the university, and shall be subject, in its course of educa- subject to 
tion and matters pertaining thereto (but not in reference 
to the buildings or erections in which the same is held), 
to all the regulations made in regard to academies by the Quaiiflca- 

., n T ,, o m . . V tions of 

said regents. In such departments the qualifications tor pupils. 



72 Consolidated School Act of 1864. 



the entrance of any pupil shall be as high as those estab- 
lished by the said regents for participation in the literature 
fund of any academy of the state under their supervision. 
eSstfn ° pt § ^' W nenever a union free school shall be established 
academy, under the provisions of this title, and there shall exist 
therefor! 6 within its district an academy, the board of education, if 
thereto authorized by a vote of the voters of the district, 
may adopt such academy as the academical department 
of the district, with the consent of the trustees of the 
academy, and thereupon the trustees, by a resolution to 
be attested by the signatures of the officers of the board, 
and filed in the office of the clerk of the county, shall 
declare their offices vacant, and thereafter the said 
academy shall be the academical department of such 
union free school, 
subject to *§ 25. Every union free school district, in all its de- 
tende'ntof partments, shall be subject to the visitation of the super- 
pubiicin- intendent of public instruction. He is charged with the 
general supervision of its board of education and their 
management and conduct of all its departments of in- 
Boa^rdshan gtriiction. And every board of education shall annually, 
nuaiiy to between the twentieth day of August and the last Tuesday 
commis- °f August, make, to the commissioner having jurisdiction, 
sioner. an( j deposit in the town clerk's office, a report for the 
preceding school year, of all matters and things which 
trustees of a school district are required to report, and of 
all such other matters and things as the superintendent 
tendent shall, from time to time, require ; and shall also, when- 
q^ulre'Tpe - ever thereto required by the superintendent of public in- 
eiai report, struction, report fully to him upon any particular matter 
or thing ; and such reports shall be in such form, and so 
authenticated, as the superintendent shall, from time to 
time, require. 
Superia- § 26. For cause shown, and after giving notice of the 
ma.y e re- charge and opportunity of defense, the superintendent 
member y of °^ public instruction may remove any member of a board 
the board, of education. Willful disobedience of any lawful re- 
quirement of the superintendent, or a want of due dili- 
gence in obeying such requirement, is cause of removal. 
This title s 27. The provisions of this title shall apply to all 

applies to V - 1 I I J 

schools es- union free schools heretofore organized pursuant to the 
under the provisions of chapter four hundred and thirty-three of 
act of 1853. ^ e ] aws f eighteen hundred and fifty-three. 

* As amended by chap. 413, Laws of 18S3, and by chap. 310, Laws of 1885. 



Of Schools for Colored Children. 73 



TITLE 10. 

TITLE X. 

* of schools for colored children. 

Section 1. The school authorities of any city or in- Colored 
corporated village, the schools of which are or shall be cftfe°and 
organized under title nine of this act or under special acts, villa s es - 
may, when they shall deem it expedient, establish a 
separate school or separate schools for the instruction of 
children and youth of African descent, resident therein, 
and over five and under twenty-one years of age ; and 
such school or schools shall be supported in the same 
manner and to the same extent as the school or schools 
supported therein for white children, and they shall be 
subject to the same rules and regulations, and be fur- 
nished with facilities for instruction equal to those fur- 
nished to the white schools therein. 

§ 2. The trustees of any union school district, or of colored 
any school district organized under a special act, may, union free 
when the inhabitants of any school district shall so de- district. 
termine, by resolution at any annual meeting, or at a 
special meeting called for that purpose, establish a sepa- 
rate school or separate schools for the instruction of such 
colored children resident therein, and such schools shall 
be supported in the same manner, and receive the same 
care, and be furnished with the same facilities for instruc- 
tion as the white schools therein. 

§ 3. No person shall be employed to teach any of such Teac , h « r 

it iin i ,i ■ J p i i "' t must be 

schools who shall not, at the time oi such employment, be legally 
legally qualified. qualmed " 

§4. Section one hundred and forty-seven of chapter Former ac 
four hundred and eighty, laws of eighteen hundred and repea 
forty-seven, is hereby repealed. 



TITLE XL 

teachers' institutes. 

Section 1. It shall be the duty of every school com- Commis- 
missioner, at least once in each year, to organize in his hoid e an° 
own district, or, in concert with one or more commission- institute - 
ers in the same county, to organize in and for the com- 

* See chap. 248, Laws of 1884, in appendix. 

10 



Consolidated School Act of 1864. 



To give 
due notice. 
etc. 



Superin- 
tendent to 
advise, 
employ 
teachers, 
etc. 



To estab- 
lish the 
bases 
of appor- 
tionment 



Superin- 
tendent 
may estab- 
lish regula- 
tions. 



Teachers 
may close 
school and 
not vitiate 
contract. 



bined districts, a teachers' institute, and to induce, if 
possible, all the teachers in his district to be present and 
take part in its exercises. 

§ 2. The commissioner or commissioners, subject always 
to the advice and direction of the superintendent of pub- 
lic instruction, shall, in such form and manner as may be 
deemed most effectual, give public notice to the teachers 
of the district, or combined districts, and to all others 
who may desire to become such, of the time when and 
the place where the institute will be organized. 

§ 3. The superintendent of public instruction shall ad- 
vise and co-operate with the school commissioners in fix- 
ing the times and places of holding the teachers' institute ; 
and he shall have power to employ, or cause the school 
commissioners to employ, suitable persons, at a reasonable 
compensation, to conduct and teach the institutes ; and he 
shall visit, or cause to be visited by persons employed in 
the department of public instruction, such and so many 
of the institutes as he possibly can, for the purpose of 
examining into the course and manner of instruction pur- 
sued, and of rendering such assistance as he may rind 
expedient ; and he shall establish the basis upon which 
the yearly appropriation for the support of teachers' in- 
stitutes shall be distributed to the several institutes, and 
the term or terms during which the same may be held, 
having reference, in the establishment of such regulations, 
to the number of teachers in the county, district or com- 
bined districts, and in attendance at the institute, to the 
length of time during which they shall be held, to the 
facilities for attendance upon them, and to local disad- 
vantages requiring especial consideration. 

*§ 4. The superintendent of public instruction may 
establish such regulations in regard to certificates of quali- 
fication or recommendation, which may be issued by school 
commissioners, as will in his judgment furnish incentives 
and encouragement to teachers to attend the institutes ; 
and the closing of his school by a teacher for the time 
during which an institute shall be held in and for the 
count} r or school commissioner district in which his school 
is, and which institute he shall have attended during the 
time for which he closed his school, shall not work a for- 
feiture of the contract under which he is teaching. 

f § 5. The trustees of every school district are hereby 

* As amended by sec. 9, chap. 340, Laws of 1885. 

+ As amended by sec. 23, chap. 406, Laws of 1867 and by sec. 10, chap. 340, 
Laws of 1885. 



Of Teachers' Institutes. 75 



directed to give the teacher or teachers employed by them TIT B "' 
the whole of the time spent by such teacher or teachers in directed to 
attending at any regular session or sessions of an institute frI e time Ch " 
in a county embracing the school district, or a part ?P e ° l * t 

. .•/, i-i- i • c i < i ■ institute. 

thereof, without deducting any thing from his or their 
wages for the time so spent, and in order- to secure to 
teachers the full exercise of this privilege, after the twen- 
tieth day of August, eighteen hundred and eighty-five, 
all schools in school districts and parts of school districts, 
not included within the boundaries of an incorporated 
city, shall be closed during the time a teachers' institute shaHbe 
shall be in session in the same county in which such schools cios«d dur- 
are situated, and, in the apportionment of public school time an 
money, the schools thus closing in any school term shall taugMhi ls 
be allowed the same average pupil attendance during such the county, 
time, as was the average during that part of the term pjpfffjf. 
when the school was not thus closed, and any school con tendance 
tinning its sessions in violation of the above provision shall time the 
not be allowed any public money based upon average closed. 1SS ° 
pupil attendance during the days the school was thus kept 
in session. Trustees and boards of education in such Trustees to 
school districts and parts of school districts shall report, repor ' ' 
in their annual reports to the school commissioners, the 
number of days and the dates thereof on which a teachers' 
institute was held in their counties during the school year, 
and whether schools under their charge were or were not 
closed during such days ; and whenever the trustees' re 
port shows that a district school has been supported for 
the full time required by law, including the time spent by when dis- 
the teacher or teachers in their employ in attendance upon complied 
such institute, and that the trustees have given the teacher with the 
or teachers the time of such absence, and have not de- intendent 
ducted any thing from his or their wages on account chide'tne 
thereof, the superintendent of public instruction may in- ^fajTor- 
clude the district in his apportionment of the state school tionment 
moneys, and direct that it be included by the school com- money ' C 
missioner or commissioners in their apportionment of 
school moneys ; provided, always, that such school dis- 
trict be in all other respects entitled to be included in 
such apportionment. 

§ 6. The treasurer shall pay, on the warrant of the parent, 
comptroller, to the order of any one or more of the school 
commissioners, such sum or sums of money as the super- 
intendent of public instruction shall certify to be due to 
them for expenses in holding a teachers' institute ; 



76 Consolidated School Act of 1864. 

and, upon the like warrant and certificate, to the order 
of any persons employed by the superintendent to con- 
duct and teach any teachers' institute, his reasonable com- 
pensation as certified by the superintendent. 

§ 7. The school commissioner or commissioners by 
whom any teachers' institute shall be organized, shall 
the°super- transmit to the superintendent of public instruction a 
intendent. catalogue of the names of all persons who shall have at- 
tended such institute, with such other statistical infor- 
mation in such form and within such time, as may be pre- 
scribed by said superintendent. 



TITLE 12. 



To trans- 
mit cata- 
logue and 



TITLE XII. 



ON APPEALS TO THE SUPERINTENDENT OF PUBLIC INSTRUC- 
TION. 



Any per- 
son may 
appeal. 

From 
what. 



Ibid. 



Ibid. 
Ibid 



Superin- 
tendent's 
decision 
final. 

Power of 
superin- 
tendent. 



himself aggrieved 



Section 1. Any person conceiving 
in consequence of any decision made : 

1. By any school district meeting ; 

2. By any school commissioner or school commis- 
sioners and other officers, in forming or altering, or re- 
fusing to form or alter, any school district, or in refusing to 
apportion any school moneys to any such district or part 
of a district ; 

3. By the supervisor in refusing to pay any such moneys 
to any such district ; 

4. By the trustees of any district in paying or refusing 
to pay any teacher, or in refusing to admit any scholar 
gratuitously into any school ; 

5. By any trustees of any school district library con- 
cerning such library, or the books therein, or the use of 
such books; 

6. By any district meeting in relation to the library ; 

7. By any other official act or decision concerning any 
other matter under this act, or any other act pertaining 
to common schools, may appeal to the superintendent of 
public instruction, who is hereby authorized and required 
to examine and decide the same ; and his decision shall 
be final and conclusive, and not subject to question or re- 
view in any place or court whatever. 

§ 2. The superintendent, in reference to such appeals, 
shall have power : 

1. To regulate the practice therein; 



Miscellaneous Provisions. 77 



TITLE 13. 



2. To determine whether an appeal shall stay pro- Whenap .' 
ceedings, and prescribe conditions upon which it shall or P eal shall 

in/ a x stay pro- 

Shall not so operate ; ceedings. 

3. To decline to entertain, or dismiss, an appeal, when 
it shall appear that the appellant has no interest in the 
matter appealed from, and that the matter is not a mat- when 
ter of public concern, and that the person injuriously a Pp$ al wU1 

jv i*i i i • • -iii' • • J not be en- 

aliected by the act or decision appealed from is lncom- tertained. 
petent to appeal ; 

4. To make all orders, by directing the levying of taxes 
or otherwise, which may, in his judgment, be proper or 
necessary to give effect to his decision. 

§ 3. The superintendent shall file, arrange in the order superin- 
of time, and keep in his office, so that they may be at all shaume 
times accessible, all the proceedings on every appeal to papers. 
him under this title, including his decision and orders 
founded thereon ; and copies of all such papers and pro- de«sk>n f 
ceedings, authenticated by him under his seal of office, n ? a y he 
shall be evidence equally with the originals. 



TITLE XIII. 

MISCELLANEOUS PROVISIONS. 

Section 1. Whenever the share of school moneys or School 
any portion thereof, appropriated to any town, school moneys, 
district or separate neighborhood, or any money to which for n tneir S 
a town, school district or separate neighborhood would loss ' 
have been entitled, shall be lost, in consequence of any 
willful neglect of official duty by any school commis- 
sioner, town clerk, trustees or clerks of school districts, 
the officer or officers guilty of such neglect shall forfeit 
to the town, school district or separate neighborhood so 
losing the same, the full amount of such loss with interest 
thereon. 

§ 2. Where any penalty for the benefit of a school dis- Penalty foi 
trict, or of the schools of any school district, town, prosecute, 
school commissioner district, or county, shall be incurred, 
and the officer or officers whose duty it is by law to sue 
for the same, shall willfully and unreasonably refuse or 
neglect to sue for the same, such officer or officers shall 
forfeit the amount of such penalty to the same use, and 
it shall be the duty of their successor or successors in 
office to sue for the same. 



78 Consolidated School Act of 1864. 



penalty for * § 3> ^ n .> 7 P erson wn0 snan willfully disturb, in- 
disturbing temipt or disquiet any district school or school meeting 
school 01 in session, or any persons assembled, with the permission 
meeting. f tne trustees of the district, in any district school- 
house, for the purpose of giving or receiving instruction 
in any branch of education or learning, or in the science 
or practice of music, shall forfeit twenty-five dollars for 
the benefit of the school district. 
Procedure. § 4. It. shall be the duty of the trustees of the district, 
or the teacher of the school, and he shall have power, to 
enter a complaint agamst such offender before any justice 
of the peace of the county, or the mayor or any alder- 
man, recorder or other magistrate of the city wherein the 
offense was committed. The magistrate or other officer 
before whom the complaint is made, shall thereupon by 
his warrant, directed to any constable or person, cause the 
person complained of to be arrested and brought before 
him for trial. If such person, on the charge being stated 
to him, shall plead guilty, the magistrate shall convict 
him ; and if he demands a trial by the magistrate, shall 
summarily try him ; and, if he demands a trial by jury, 
the magistrate shall issue a venire, and impanel a jury for 
his trial, and he shall be tried in the same manner as in a 
court of special sessions. 
Penalty. § 5. If any person convicted of the said offense do not 
immediately pay the penalty, with the costs of the prose- 
cution, or give security to the satisfaction of the magis- 
trate for the payment thereof within twenty days, the 
magistrate or other officer shall commit him to the common 
jail of the county, there to be imprisoned until the 
penalty and costs be paid, but not exceeding thirty days. 
Actions I g # Jq an y action against a school officer or officers, in- 

schooi eluding supervisors of towns, in respect of their duties 
officers. ai]C | p 0wers under this act, for any act performed by virtue 
of or under color of their offices, or for any refusal or 
omission to perform any duty enjoined by law, and which 
might have been the subject of an appeal to the superin- 
tendent, no costs shall be allowed to the plaintiff, in cases 
where the court shall certify that it appeared on the trial 
that the-, defendants acted in good faith. But this pro- 
vision shall not extend to suits for penalties, nor to suits 
or proceedings to enforce the decisions of the superin- 
tendent. 

* As amended by sec. 24, chap. 40G, Laws of 1867. 



Miscellaneous Provisions,, 79 



* § 1. Whenever the trustees of any school district or /^ifs ' b 3 ' 
any school district officer or officers have been or shall be school 
instructed by a resolution of the district at a meeting costs and 
called for that purpose, to defend any action brought aftow£d. s 
against them, or to bring or defend an action or proceed- 
ing touching any district property or claim of the district, 
or involving its rights or interests, or, to continue any 
such action or defense, all their costs and reasonable ex- 
penses, as well as all costs and damages adjudged against 
them, shall be a district charge and shall be levied by tax. 
If the amount claimed by them be disputed by a district 
meeting it shall be adjusted by the county judge of any 
county in which the district or any part of it is situated. 

§ 8. Whenever such trustees or any school district officer Without 
shall have brought or defended any such action or pro- d [ r ^g t i ^ t 
ceeding, without any such resolution of the district meet- expenses ' 
ing, and after the final determination of such suit or pro- lowpai 
ceeding, shall present to any regular meeting of the in- 
habitants of the district an account in writing of all costs, 
charges and expenses paid by him or them, with the items 
thereof, and verified by his or their oath or affirmation, 
and a majority of the voters at such meeting shall so direct, 
it shall be the duty of the trustees to cause the same to be 
assessed upon and collected of the taxable property of said 
district, in the same manner as other taxes are by law 
assessed and collected ;• and when so collected, the same 
shall be paid over, by an order upon the collector, to the 
officer or officers entitled to receive the same ; but this pro- 
vision shall not extend to suits for penalties, nor to suits 
or proceedings to enforce the decisions of the superintend- 
ent of public instruction. 

f§ 9. Whenever an officer or officers mentioned in the ^Ji^J 1 ^ 

i t • e i • iiii t i district re- 

last preceding section of this act shall have complied with fuse, what 
the provisions of said section, and the inhabitants shall actlon " 
have refused to direct the trustees to levy a tax for the 
payment of the costs, charges and expenses therein men- 
tioned, it shall be lawful for him or them then and there 
to give notice orally and publicly, that he will appeal to the 
county judge of the county, and in case of his disability to 
act in the matter by being disqualified or otherwise, then 
to the district attorney of the county in which the school- 
house of said district is located, from the refusal of said 
meeting to vote a tax for the payment of said claim, and 
the inhabitants may then and there, or at any subsecpient 

* As amended by chap. 174, Laws of 1878. 

+ As amended by sec. 1, chap 746, Laws of 1871. 



80 Consolidated School Act of 1864. 



TITLE 13. 



district meeting, appoint one or more of the inhabitants of 
the district to protect the rights and interest of the district 
upon said appeal. And the officer or officers before men- 
tioned shall thereupon, within ten days, serve upon the 
clerk of said district (or if there be no such clerk, upon the 
town clerk of the town) a copy of the aforesaid account, 
so sworn to, together with a notice, in writing, that on a 
certain clay therein specified he or they intend to present 
such account to the county judge or to the district attorney, 
as the case may be, for settlement. And the clerk shall 
record such notice, together with the copy of the account, 
and the same shall be subject to the inspection of the in- 
habitants of the district. And it shall be the duty of the 
person or persons appointed by any district meeting for 
that purpose, to appear before the county judge or the dis- 
trict attorney, as the case may be, on the day mentioned 
in the notice aforesaid, and to protect the rights of the 
dis L rict upon such settlement ; and the expenses incurred 
in the performance of this duty shall be a charge upon 
said district, and the trustees, upon presentation of the ac- 
count of such expenses, with the proper voucher therefor, 
may levy a tax therefor, or add the same to any other tax 
to be levied by them ; and their refusal to levy said tax 
for the payment of said expenses shall be subject to an 
appeal to the superintendent of public instruction. 

*§ 10. Upon the appearance of the parties, or upon due 
proof of service of the notice and copy of the account, the 
county judge shall examine into the matter and hear the 
proofs and allegations propounded by the parties, and de- 
cide by order whether or no the account, or any and what 
portion thereof, ought justly be charged upon the district, 
with costs and disbursements to such officer or officers, in 
his discretion, which costs and disbursements shall not ex- 
ceed the sum of thirty dollars, and the decision of the county 
judge shall be final ; but no portion of such account shall 
be so ordered to be paid which shall appear to such judge 
to have arisen from the willful neglect or misconduct of 
th.e claimant. The account, with the oath of the party 
claiming the same shall be prima facie evidence of the 
correctness thereof. The county judge may adjourn the 
hearing from time to time, as justice shall seem to require. 

§ 11. It shall be the duty of the trustees of any school 
district, within thirty days after service of a cop} 7 of such 

* As amended by chap. 514, Laws of 1874. 



Miscellaneous Provisions. 81 



order upon them, or upon the district clerk, and notice 
thereof to them, or any two of them, to cause the same to 
be entered at length in the book of records of said dis- 
trict, and to raise the amount thereby directed to be paid, 
by a tax upon the district, to be by them assessed and 
levied in the same manner as a tax voted by the district. 

§ 12. For the support of the Indian schools, already Indian 
established and which may be established, under authority 
of chapter seventy-one of the laws of eighteen hundred 
and fifty-six, the superintendent of public instruction, in 
his annual general apportionment of the state school 
moneys appropriated for the support of common schools, 
shall make an equitable apportionment, as provided by 
section six of title three of this act ; and the moneys 
which shall be thus apportioned, and those which have 
been apportioned for their support, under authority of 
section four, chapter seventy-one of the laws of eighteen 
hundred and fifty-six, shall be paid out of the treasury 
for expenditures authorized by law and actually incurred 
in the support of such schools, upon the warrant of the 
superintendent, countersigned by the comptroller. 

§ 13. The superintendent of public instruction, so soon Pubiica- 
as may be after the passage of this act, shall prepare and thisstat- 
cause to be printed, and distribute among the school dis- ute ' etc - 
tricts of the state, to each one copy, an edition of this 
statute, with brief annotations embodying such of the 
decisions of the courts of the state, and of the superin- 
tendents of common schools and the superintendents of 
public instruction as are applicable thereto, and such com- 
ments, explanations and instructions as he shall deem 
necessary or expedient, and the same shall be deposited 
with the district clerk, and kept by him for the use of 
the inhabitants. 

§ 14. All provisions of law repugnant to or incon- 
sistent with the provisions of this act are hereby re- 
pealed, saving always all rights of action vested under 
such prior provisions, and proceedings commenced for 
the assertion thereof ; but nothing herein contained, unless 
it be so expressed, shall be construed, unless by inevitable 
implication, to revive any act or portion of an act hereto- 
fore repealed ; nor to impair or in any manner affect or 
change any special law touching the schools or school sys- 
tem of any city or incorporated village of the state. 



11 



82 Consolidated School Act of 1864. 



The two following paragraphs, amendatory of the Gen- 
eral School Act, but not of any particular title thereof, 
were passed as sections 26 and 27, of chap. 406, Laws 
of 1867. J * 

bml here- Hereafter all moneys, now authorized by any special 
tho°riled U " acts to ^ c °H ecte d by rate bill for the payment of teach- 
by special ers' wages, shall be collected by tax, and not by rate bill. 
tehed abo1 ' Nothing in this act contained shall be construed to 
Local tax authorize the common council of any city to increase the 
cannot be local city tax for the support of the schools therein, be- 
mcreased. j 0T1 ^ fo e amonn t; S they are now authorized by law to 
raise for local school purposes, and such local tax shall be 
reduced in such city, by an amount equal to the amount 
it shall receive by the additional tax authorized by thia 
act, for the support of schools in the state generally. 



POWER OF UNION FREE SCHOOL DISTRICTS TO SELL OR EXCHANGE 
REAL ESTATE ; ALSO CONCERNING REDUCTION OF NUMBER OF 
MEMBERS OF BOARDS OP EDUCATION. 

The following powers were conferred upon boards of 
supervisors by subdivision 28, section 1, chap. 482, Laws 
of 1875 : 
To author- * To authorize boards of trustees or of education in 

ize the sale . <• t i t , » , , , <• 

or ex- any union free school districts, or trustees or common 
reai n esta°te. school districts, established in conformity to the general 
or to any special law of the state on the application of a 
majority of the taxable inhabitants of the district, voting 
on ' the question at a duly called meeting, to sell or 
exchange real estate belonging to the district, for the 
purpose of improving or changing school-house sites 
and to increase or diminish the number of members of 
said boards. 

*As amended by sec. 1, chap. 239, Laws of 1878. 



APPENDIX. 



CHAP. 261. 

AN ACT to provide for the better education of the 
children in the several orphan asylums in this state, 
other than in the city of J\ r ew York. 

Passed April 10, 1850. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The schools of the several incorporated or- Topartici . 
phan asylum societies in this state, other than those in theP ate in the 
city of New York, shall participate in the distribution of won of the 
the school moneys, in the same manner and to the same money, 
extent, in proportion to the number of children educated 
therein, as the common schools in their respective cities 
or districts. 

§ 2. The schools of said societies shall be subject to the Rules and 
rules and regulations of the common schools in such cities ™ent of" 
or districts, but shall remain under the immediate man- 
agement and direction of the said societies as heretofore. 



CHAP. 185- 

AN ACT to provide for the care and instruction of idle 
and truant children. 

Passed April 12, 1853. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. If any child, between the ages of five and children to 
fourteen years, having sufficient bodily health and menial before a ght 
capacity to attend the public schools, shall be found wan- justice of 
dering in the streets or lanes of any city or incorporated etc. peace ' 



84 



General Acts Relating to Schools. 



CHAP. 185. 
1853. 



Security. 



village, idle and truant, without any lawful occupation, 
any justice of the peace, police magistrates, or justices of 
the district courts in the city of New York, on complaint 
thereof by any citizen on oath, shall cause such child to 
be brought before him for examination, and shall also 
cause the parent, guardian or master of such child, if he 
or she have any, to be notified to attend such examina- 
tion. And if, on such examination, the complaint shall 
be satisfactorily established, such justice shall require the 
parent, guardian or master to enter into an engagement 
in writing, to the corporate authorities of the city or vil- 
lage, that he will restrain such child from so wandering 
about, will keep him or her on his own premises, or in 
some lawful occupation, and will cause such child to be 
sent to some school, at least four months in each year, 
until he or she becomes fourteen years old. And such 
justice may, in his discretion, require security for the 
faithful performance of such engagement. If such child 
has no parent, guardian or master, or none can be found, 
or if such parent, guardian or master refuse or neglect, 
within a reasonable timej to enter into such engagement, 
and to give such security, if required, such justice shall, 
by warrant under his hand, commit such child to such 
place as shall be provided for his or her reception, as here- 
inafter directed. 

$ 2. If such engagement be habitually or intentionally 
to bring°° r violated, an action may be brought thereon, by the over- 
action, seers of the poor, or either of them, of such city or village, 
in the name of the corporate authorities thereof, and on 
proof of such habitual or intentional violation, the plain- 
tiff shall recover therein a penalty of not more than fifty- 
dollars, with costs. And thereupon the magistrate, or 
court before whom such recovery shall be had, shall, by 
warrant, commit such child to the place so provided for 
his or her reception, as aforesaid. 
Suitable §3. The corporate authorities of every city and incor- 
provided porated village shall provide some suitable place for the 
children 01 reception of every child that may be so committed, and 
for the employment of such child in some useful occupa- 
tion, and his or her instruction in the elementary branches 
of an English education, and for his or her proper sup- 
port and clothing. Every child so received shall be kept 
in such place until discharged by the overseers of the 
poor or the commissioners of the alms-house of such city 
or village, and may be bound out as an apprentice by them 



When 
child may 
be com- 
mitted. 



Overseers 



Idle and Tkuant Children. 85 



or either of them, with the consent of any justice of the 1856 : 7 " 
peace, or any of the aldermen of the city, or any trustee May be 
of the incorporated village where he may be, in the same asTpprea- 
manner, for the same periods, and subject to the same tlce 
provisions in all respects, as are contained in the first ar- 
ticle and fourth title of the eighth chapter, and second 
part of the Revised Statutes, with respect to children 
whose parents have become chargeable on any city or 
town. 

§ 4. The expenses of providing and maintaining such Expenses, 
place for the reception, clothing, support and instruction ^o^ 
of such children shall be defrayed in the same manner as 
charges for the support of paupers chargeable upon such 
city or village ; and the corporate authorities of every city 
and village shall certify to the board of supervisors of the 
county, at their annual meetings, the amount necessary 
for said purposes, which amount the said supervisor shall 
cause to be levied and collected as part of the taxes for 
the support of the poor, chargeable to such city or village. 

§ 5. It shall be the duty of all police officers and con- Duty of 
stables, who shall find any child in the condition described ^ere. 
in the first section of this act, to make complaint to a 
justice of the peace, as provided in the said section. 

§ 6. The fees of justices, for services performed under 
this act, shall be the same as allowed by law in cases of Feeg 
vagrancy, and shall be paid by the city or village in which 
they were rendered. 

§ 7. This act shall take effect immediately.* 



CHAP. 71. 

AN ACT to facilitate education and civilization among 
the Indians residing in this state. 

Passed April 1, 1856; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The superintendent of public instruction g^j[ u of er . 
shall be charged with providing the means of education intendent 
for all the Indian children in the state. He shall cause fn S ?rac- c 
to "be ascertained the condition of the various bands in the tion - 

* This act, though unrepealed, would seem to be superseded by chapter 431, 
Laws of 1874. 



86 General Acts Relating to Schools. 

1856'. 71 * state in respect to education ; he shall establish schools in 
such places, and of such character and description as he 
shall deem necessary ; he shall employ superintendents 
for such schools, and shall, with the concurrence of the 
comptroller and secretary of state, cause to be erected, 
where necessary, convenient buildings for their accommo- 
dation. 
Indians to § 2. In the discharge of the duties imposed by this act, 
' the said superintendent shall endeavor to secure the co- 
operation of all the several bands of Indians, and for this 
purpose, shall visit, by himself or his authorized agent, all 
the reservations where they reside, lay the matter before 
them in public assembly, inviting them to assist either by 
appropriating their public moneys to this object, or by 
setting apart lands and erecting suitable buildings, or by 
furnishing labor or materials for such buildings, or in any 
other way which he or they may suggest as most effectual 
for the promotion of this object. 

tob ian ro tle § ^* ^ n an y con ^ rac ^ which may be entered into with 
tected. said Indians, for the use or occupancy of any land for 
school grounds, sites or buildings, care shall be taken to 
protect the title of the Indians to their lands, and to re- 
serve to the state the right to remove or otherwise dispose 
of all improvements made at the expense of the state, 
children to § 4. The Indian children in the state, between the ages 
ikTmoney" °^ f° nr an ^ twenty-one years, shall be entitled to draw 
public money the same as white children. The superin- 
tendent shall cause an annual enumeration of said Indian 
children to be made, and shall see that the public money, 
ation. to which they are ratably entitled, is devoted exclusively 
to their education. 

§ 5. To carry into effect the provisions of this act, the 
$5,000 ap- sum of five thousand dollars is hereby appropriated out of 
propria e . ^ e surplus income of the United States deposit fund, to 
be paid by the treasurer, on the warrant of the comptrol- 
ler, from time to time, to the order of the superintendent 
of public instruction. 

§ 6. The superintendent shall take and file in his office, 
to°be C taken vouchers and receipts for all the expenditures made under 
and filed. tn j g ac ^ sn bject to the inspection of the joint committee to 
examine the accounts of the auditor and treasurer ; and 
shall annually report to the legislature all his doings, by 
virtue of the authority vested in him ; and for this pur- 
pose said superintendent may require full and detailed 
reports, in such form as he may prescribe, from those 



An Act fok a General Vaccination. 87 



having the immediate supervision of any Indian schools i860. 
in this state. 

§ 7. This act shall effect immediately. 



CHAP. 438. 

AN ACT to encourage and provide for a general vacci- 
nation in this state. 

Passed April 16, 1860 , tliree-fiftlis being present. 

The People of the State of New York, represented in 
Senate a^d Assembly, do enact as follows : 

Section 1. The trustees of the several common school ChiIdren 
districts in this state, and the proper local boards of com- not having 
mon school government in the several cities of the state, cfnated " 
are hereby directed and empowered, under the provisions ™ eluded 
hereinafter set forth, to exclude from the benefits of the from the 
common schools therein any child or any person who has schools, 
not been vaccinated, and until such time when said child or 
person shall become vaccinated. 

§ 2. The said trustees or local board may adopt a reso- Trustees 
lution to carry into effect the power conferred by the first resolution 1 ' 
section hereof : and whenever they shall do so they shall to carry 

j «/ *j out pro vis~ 

thereupon give at least ten days' notice thereof, by posting ions of first 
the same in two or more public or conspicuous places sec lon * 
within the .limits of their school government, and shall, in 
said notice advertise due provision for the vaccination of 
any child or person of suitable age, who may desire to at- 
tend the common school, and whose parents or guardians 
are unable to procure vaccination for them or for the 
children of suitable age of such parents, as by reason of 
poverty may be exempted from taxation in such school 
districts. 

§ 3. The said trustees or board may, in their or its dis- 
crction, appoint some competent physician and fix the may ap- 
compensation for his services, the duty of which physician ^°ian *> y ~ 
shall be to ascertain the number of children or persons in vaccinate 

i 1-iT- it-- r • ii children. 

the school district or subdivision or city school government, 
being of an age suitable to attend the common school, 
who have not been already vaccinated, and also to furnish 
to the said trustees or said board a list of the names of all 
such children or persons. It shall also be the duty of said 
physician to provide himself with good and reliable vac- 
cine virus wherewith to vaccinate such of the number of 



88 General Acts Relating to Schools. 



18B6. ' children or persons aforesaid as have not been vaccinated 

according as the trustees or board shall direct, and to 

to hy fve ian thereupon give certificates of vaccination when required, 

certificates which certificate shall be evidence thereof, for the pur- 

ar,iou Ccm " poses of *of a compliance with section first hereof. 

§ 4. The necessary expenses incurred by the provisions 
Expenses. f f-Ljg ac £ gL^jj L, e included an( j collected in the annual 
tax bill of the district, town, village or city, as may be 
proper, according to law. 
Sustees° f § ^* ^ ie trastees of the several school districts of this 
state are hereby required, to include in their annual report, 
the nnmber in their several districts between the ages of 
five and twenty-one years, who are vaccinated and the 
number un vaccinated. 



tCHAP. 761. 

AN ACT authorizing the taxation of stockholders of 
banks, and the surplus funds of savings banks. 

Passed April 23, 1866. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as folloios : 

Section 1. No tax shall hereafter be assessed upon the 
ers C to h be * capital of any bank or banking association organized under 
value of 1 tne authority of this state, or of the United States, but the 
shares at stockholders in such banks and banking associations shall 
Eusjness of be assessed and taxed on the value of their shares of stock 
ban s. therein ; said shares shall be included in the valuation of 
the personal property of such stockholder, in the assess- 
ment of taxes at the place, town or ward where such 
bank or banking association is located, and not elsewhere, 
whether the said stockholders reside in said place, town or 
ward or not, but not at a greater rate than is assessed 
upon other moneyed capital in the hands of individuals in 
this state. And in making such assessment there shall also 
est te ^ e deducted from the value of such shares such sum as is 
of banks to in the same proportion to such value as is the assessed 
e taxe . va j ue £ ^ ne rea j es tate of the bank or banking associa- 
tion, and in which any portion of their capital is invested, 
in which said shares are held, to the whole amount of 

* So in the original. 

t Note.— Section 7 of this act repealed by sec. 56, chap. 371, Laws of 1875. 



Taxation of Stockholders of Banks. 89 



the capital stock of said bank or banking association. And ises. 
provided, further, that nothing herein contained shall be 
held or construed to exempt from taxation the real estate 
held or owned by any such bank or banking association ; 
but the same shall be subject to state, county, municipal 
and other taxation to the same extent and rate and in the 
same manner as other real estate is taxed. 

§ 2. Every individual banker doing banking business banker"to 
under the laws of this state is hereby required to declare declare 

i , f i ,i j. j; • , i • amount of 

upon oath before the assessor the amount ot capital inves- capital and 
ted in such banking business, and each one hundred dol- partners! 
Jars of such capital for the purpose of this act, and for the 
purpose of taxation shall be held and regarded as one indi- 
vidual share in such banking business, and such shares are 
hereby declared to be personal property. If such banker 
have partners he shall declare upon oath before the asses- 
sor the number of shares held by each of them in such 
banking business, ascertained as above provided, and the 
shares so held by any partner shall be included in the valu- 
ation of his taxable property in the assessment of all taxes 
levied in the town, school district or ward where such in- 
dividual banker is located, and not elsewhere ; and such 
individual banker shall pay the same and make the amount 
so paid a charge in the accounts with such partners ; and 
if such individual banker have no partners he shall be held 
to be sole owner of all the shares in such business of bank- 
ing, and the same shall be included in the valuation of his 
personal property in the assessment of all taxes levied in 
the town, school district or ward where his bank is located, 
and not elsewhere. 

§ 3. There shall be kept at all times in the office where 
the business of such bank or banking associations, organ- names and 
ized under the authority of this state or of the United f S gto C n k ^ es 
States, shall be transacted, a full and correct list of the ^ere to 
names and residences of all the stockholders therein, and 
of the number of shares held by each ; and such list shall 
be subject to the inspection of the officers authorized to 
assess taxes during the business hours of each day in 
which business may be legally transacted. 

§ 4. Sections ten and eleven of chapter ninety -seven' of 
the session laws of eighteen hundred and sixty-five are 
hereby repealed. 

§ 5. When the owner of stock in any bank or banking Non-resi- 
association, organized under the laws of this State or of ^ntbank« 
the United States, shall not reside in the same place howcoi- 
where the bank or banking association is located, the 
12 



90 General Acts Relating to Schools. 



1866. " collector and county treasurer shall, respectively, have 
the same power as to collecting the tax to be assessed 
by this act, as they have by statute, when the person 
assessed has removed from the town, ward or county in 
which the assessment was made ; and the county treasurer, 
receiver of taxes, or other officers authorized to receive 
said tax from the collector, may all or either of them have 
an action to collect the tax from the avails of the sales of 
his shares of stock and the tax on the share or shares 
of said stock shall be and remain a lien thereon till the 
payment of said tax. 
Bank § 6. For the purpose of collecting such taxes, and in 

may e retain addition to any other laws of this state, not in conflict 
dividend. w jth the constitution of the United Sates, relative to the 
imposition of taxes, it shall be the duty of every such 
bank or banking association, and the managing officer 
• or officers thereof, to retain so much of any dividend or 
dividends belonging to such stockholders as shall be 
necessary to pay any taxes assessed in pursuance of this 
act, until it shall be made to appear to such officers that 
such taxes have been paid. 



*CHAP. 800. 

AN ACT to provide for the appraisal of, and acquiring 
title to lands taken for or in addition to sites for district 
school-houses. 

Passed April 25, 1866; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Asse?nbly, do enact as follows : 

additional Section 1. Land for the site of a district school-house, 
land for or additional land adjoining to and for the enlargement 
of an established site, not exceeding one acre, may be ac- 
quired in cases where the owner or owners thereof, or 
some of them, shall not consent to sell the same for such 
purpose, or the trustee or trustees of the district cannot 
agree with such owner or owners, or some of them, upon 
the price or value thereof, as follows : 
Mode of A petition shall be prepared for presentation to the 

county court cf the county in which the land is situated, 

Note. — Upon the same subject, see sec. 3, chap. 596, Laws of 1880 and 
chap, 477, Laws of 1881. 
* As amended by chap. 819, Laws of 1867, and chap. 329, Laws of 1871. 



site 



procedure. 



Acquisition of School-House Sites. 91 



at some regular term thereof, signed by the trustee or CHj i^66. 800 ' 
trustees of the district, or a majority of them, setting 
forth that the inhabitants of the district have designated 
or desire to obtain the land for the site of a district school- 
house, or in addition to and for the enlargement of that 
already established as such site, describing such land by 
its locality and by particular metes aud bounds, stating 
the quantity thereof as nearly as may be, with the name 
or names, and place or places of residence of owner or 
owners, and that the consent of such owner or owners, or 
some of them, to sell such land for said purpose, cannot 
be obtained, or that the trustee or trustees cannot agree 
with him or them, or some of them, upon a reasonable 
price therefor, and praying for the appointment of com- 
missioners to appraise the same. 

" Said petition shall be filed in the office of the county 
clerk of the county in which the land is situated, and at 
the time of filing thereof, or at any time afterwards, the 
petitioners may cause a notice of the pendency of the pro- 
ceedings to be filed in said office, which notice the county 
clerk shall file and record in the same manner that similar 
notices in actions in the supreme court are required to be 
filed and recorded ; which notice shall state the object of 
the proceeding, and contain a description of the land and 
the names of the parties affected thereby. And all per- 
sons who shall acquire in whatsoever way, any title to, 
interest in, lien or incumbrance upon said land, after the 
filing of the notice of the pendency of the proceedings as 
aforesaid, shall be bound and affected by said proceedings 
in the same manner and to the same extent as if they had 
been named in the petition as parties thereto ; and said 
persons shall also be bound in the same manner and to 
the same extent, by notice of the existence of said pro- 
ceedings, whether notice of the pendency thereof has 
been filed or not. The petitioners may appear and 
prosecute such proceedings by an attorney." 

A copy of said petition with a notice thereto annexed 
of the time and place when and where the same will be 
presented to said county court, addressed to the owner or 
owners of the required lands, shall be served in all cases, 
except as hereinafter allowed, as follows : Upon each per- 
son to whom the notice is addressed, who resides in the 
county in which the land is situated, by delivering to each 
such person, or in case of his absence, by leaving at his 
dwelling-house or usual place of abode or business, such 



92 General Acts Relating to Schools. 



is66. b ' copy and notice, at least thirty days before the day specified 
in the notice for the presentation of the petition. Upon 
each such person who shall reside out of such county, by 
depositing such copy and notice in one of the post-offices 
nearest to said land, -directed to such person at his reputed 
place of residence, and paying the proper postage thereon, 
at least forty days before the day specified in the notice 
for the presentation of the petition, if such place of resi- 
dence be within this state, and at least sixty days before 
that day if such place of residence be out of this state, 
except that if such place of residence be in the upper pen- 
insula of Michigan, or in any state or territory of the United 
States west of the Mississippi river, except the states 
of Iowa, Missouri, Arkansas and Louisiana or any place 
out of the jurirdiction of the United States, then toother 
proper representative, before the said court, and show 
cause against granting the prayer of the petitioners at 
least four months before such specilied day 01 presentation. 
If any such owner or owners shall reside out of the state, 
and shall have an agent or attorney residing therein, 
authorized to conveyor contract for the sale of his or their 
interest in said lands who shall not consent, or with whom, 
the trustee or trustees cannot agree as aforesaid, then and 
in that case the service of the copy of petition and of 

Notice may notice aforesaid may be made upon such agent or attorney 

on a|ent!' instead of upon such owner or owners, either personally 
or by depositing the same in a post-office as aforesaid, 
directed to such agent or attorney at his place of residence, 
and paying postage as aforesaid, the same number of 
days or months before the said specified day for the pre- 
sentation of the petition, as if the service were upon such 
owner or owners, as hereinbefore required. If any such 
owner shall be an infant, under the age of twenty- 
one years, such service shall be made on his gen- 
eral guardian ; if there be no such guardian, on the 

diau. infant, if over fourteen years of age, on the person with 

whom such infant shall reside, in each case in the same 
mode, and the same number of days or months before the 
specified day for the presentation of the petition, as if the 
service were upon an adult owner, according to the place 
of residence of such guardian, infant, or person with 
whom such infant resides, upon whom service is made. 
If any such owner shall be an idiot, or of unsound mind, 

au idiot, service shall be made upon the committee of his person 
or estate ; or, if there be no such committee, then upon 



Acquisition of School-House Sites. 93 



the person who shall have the care of such idiot or person im. 
of unsound mind, in the same mode and the same num- 
ber of days before the presentation of the petition, as in 
other cases. In all other cases service of copies of the 
petition, of notices, appointments of guardians or com- 
mittees, orders or other papers in the proceedings under 
this act, or in connection therewith, shall be made as 
the court in which the proceedings are had shall direct. 

§2. On presenting such petition to the county court appear in ay 
aforesaid, on the day specified for its presentation as gy r |°" °_ r 
aforesaid, with proof of service of a copy or copies thereof ney. 
and notice, and of other papers as hereinbefore required, 
all persons whose estate or interest are to be affected by 
the proposed proceedings, relative to the land described 
in the petition, may appear in person or by attorney, or 
other proper representative, before the said court, and 
show cause against granting the prayer of the petitioners. 
The said court shall hear the proofs and allegations of the Courtg to 
parties, and if no sufficient cause be shown against grant- appoint 
ing the prayer of the petitioners, shall make an order s&™e?sby 
appointing three disinterested and suitable persons, resid- au order - 
ing in the same county, neither of whom shall be an 
inhabitant of the school district named in the petition, or 
interested in any taxable property therein, or who shall 
be within two degrees of relationship, by blood or mar- 
riage, to any owrier of such taxable property, or to any 
owner of the 3ahd described in such petition, as commis- 
sioners to appraise the said land, and to award the com- 
pensation to be made to the owner or owners thereof for 
the same, for the purposes specified in said petition ; and 
the said court shall specify and appoint in such order the 
time and place within said school district, for the first 
meeting of said commissioners, and also the time and 
place, when and where said county court will receive the 
report of said commissioners of their proceedings and 
award in the premises, for confirmation. 

§ 3. The said commissioners, before entering upon their commis- 
duties, shall be sworn before some officer, authorized to mult be 
administer oaths, that they will fairly and impartially sworn - 
view the land in question, hear the proofs and allegations 
of the parties interested, and make a just and reasonable 
award of the compensation to be paid by the school dis- 
trict for the said land to be appropriated for a site or part 

of a site for a district school-house. The said commis- Powers of 

i vi i i • i j i • • commis- 

sioners shall have power to issue subpoenas and aclmmis- sioners. 



94 



CHAP. I 

IdOG. 



Duty of 
commis- 
sioners. 



Pay. 



Court to 
make or- 
der on pro- 
ceedings, 
and judge 
to give 
trustees a 
copy. 



Trustees to 
levy tax. 



General Acts Relating to Schools. 

ter oaths to witnesses, and a majority of them may ad- 
journ the proceeding from time to time, if necessary. 
They shall also view the land in question, hear the proofs 
and allegations of parties, reduce the testimony given, if 
any, to writing ; and without unnecessary delay, they, or 
a majority of them, shall appraise the said land and de- 
termine and award the compensation which ought to be 
made therefor by said school district, to the party or par- 
ties owning the same. They shall make a written report 
of their proceedings and award in the case, signed by 
them, or a majority of them, which shall be accompanied 
by the minutes of the testimony taken by them, and shall 
deliver the same to the county judge of the county on or 
before the day named in the order appointing them, for 
receiving such report for confirmation. The said com- 
missioners shall be entitled to two dollars per day for 
their services, which shall be a charge upon and be paid 
by the school district in whose behalf "the land in question 
has been appraised by them as aforesaid. 

§ 4. On the day and at the time and place appointed 
in the order aforesaid for receiving such report, the county 
court aforesaid, on being satisfied of the regularity and 
fairness of the previous proceedings, shall make an order 
reciting the proceedings, giving a description of the land 
appraised, confirming the report and directing to whom 
the compensation awarded shall be paid, or where and 
with whom the same shall be deposited. A certified copy 
of the last-mentioned order shall, without unnecessary de- 
lay, be delivered by the judge holding said county court 
to the trustee or trustees aforesaid, or to one of them, 
whose duty it shall be forthwith to cause the same to be 
recorded at the expense of the said school district, in the 
office of the county clerk of the county in which the 
land therein described is situated. The trustee or trustees 
are hereby authorized and directed, on the filing of said 
order with the county clerk as aforesaid, forthwith to levy 
a district tax for a sum sufficient to pay the compensation 
named in said award and the expense of recording said 
order. 

§ 5. Upon said order being recorded as aforesaid, and 
upon the payment or deposit of the amount of compen- 
sation awarded for said land, all the right, title and in- 
terest of the owner and owners aforesaid, in and to the 
said land, shall vest in the school district in whose behalf 
the proceedings aforesaid were instituted ; and the trus- 



Acquisition of School-House Sites. 95 



tee or trustees of such district shall be entitled to enter isce'. °* 
upon, take possession of, occupy and use said land for the 
purpose set forth in their petition aforesaid ; and all land 
acquired by any school district pursuant to the provisions 
of this act, shall be deemed to be taken for public use. 

§ 6. The proceeds of every such award shall be divided ^ e du s ' 
amongst the parties whose rights and interests shall have vMed. 
been sold, in proportion to their respective rights in the 
premises ; and the share of such of the parties as are of 
full age shall be paid to them or their legal representa- 
tives by the commissioners, or shall be brought into court 
for their use. 

§ 7. "When any of such known parties are infants, the 
court may, in its discretion, direct the share of such in- 
fants to be paid over to the general guardian on proper 
security being filed, or to be invested in permanent 
securities at interest, in the name and for the benefit of 
such infants, or be deposited in some trust company or 
savings bank to abide the further order of the court. 

§ 8. When any of the parties whose interests have been wh^ pro . 
sold are absent from the state, or are not known or named ceedstobe 
in the proceedings, the court shall direct the shares of 
such parties to be invested in permanent securities at 
interest or to be deposited in some trust company or sav- 
ings bank to abide the further order of the court, for the 
benefit of such parties, until claimed by them or their 
legal representatives. 

§ 9. When the proceeds of a sale belonging to any 
tenant in dower, or by the courtesy, or for life, shall be 
brought into court as hereinbefore directed, the court shall 
direct the same to be invested in permanent securities at 
interest, so that such interest shall annually be paid to the 
parties entitled to such estate during their lives respec- 
tively, unless such parties shall elect to accept a sum in 
gross in lieu thereof. 

§ 10. The court may, in its discretion, require all or 
any of the parties, before they shall receive any share of 
the moneys arising from such sale, to give security to the 
satisfaction of such court to refund the said shares with 
interest thereon, in case it shall thereafter appear that 
such party was not entitled thereto. 

§ 11. The amounts of all commissioners' fees, and of Expenses a 
all expenses incurred by or in behalf of any school district, d^t'rfct? 11 
in pursuance of the provisions of this act, shall be a charge 
upon such district, and be levied and collected by tax in 



96 General Acts Relating to Schools. 



CHAP. S00 

1S(>6. 



the same manner as other district taxes are levied and col- 
lected therein, 
what * § 12. This act shall not apply to cities of more than 

not d be may thirty thousand inhabitants ; nor shall it be lawful under 
taken. tliis act to acquire title to less than the whole of any city 
or village lot, with the erections thereon, if any, nor to 
any premises occupied as a homestead by the owner or 
owners thereof, without the consent of such owner or own- 
ers; nor, beyond the corporate limits of cities, to any garden 
or orchard, or any part thereof, nor to any part of any 
yard or inclosure necessary to the use and enjoyment of 
buildings, or any fixtures or erections for the purposes of 
trade or manufactures, without the consent of the owner 
or owners thereof. 
Boards of f § 13. Boards of education in cities of not more than 
whelftobe thirty thousand inhabitants are hereby clothed with all 
trustees, the powers of trustees under the act hereby amended, and 
the title to any and all lands acquired in any cit}^ under 
the provisions of said act, shall vest in the board of edu- 
cation thereof, or such other corporate body as is by law 
vested with the title to the school lands in such city. 
But nothing in the act hereby amended contained shall 
be construed to limit or circumscribe the powers and duties 
heretofore lodged in such boards of education by law. 
Provisions ^ § 14. The provisions of this act, and of subsequent 
extended amendments thereto, shall be extended and apply to the 
of B h rook- y Clt y °f Brooklyn, and the board of education of that city 
^ a - is hereby clothed with all the powers of trustees under the 

provisions of this act and the amendments thereto, and the 
title to any and all lands acquired in said city under the pro- 
visions of this act shall vest in the board of education 
thereof. The proceedings mentioned in section one of this 
act may be authorized by a vote of said board of education, 
and the petition may be signed by the officers of said board. 
The commissioners provided for in section two of this act 
may be inhabitants of the city of Brooklyn and owners of 
taxable property therein, but shall not be owners of nor 
interested in the property proposed to be taken, nor related 
to the owners of the land proposed to be taken. The 
proceedings authorized by this act may be taken in the 
city of Brooklyn before the supreme court or city court 
of Brooklyn, and if taken in the latter court the petition 

* As amended by seo. 1, chap. 329, Laws of 1871. 
+ As amended by sec. 2. chap. 329, Laws of 1871. 

* Added by sec. 1, chap. 121, Laws of 1886. 



Acquisition of School-House Sites. 97 



shall be filed in the office of the clerk of that court, and CII f^6. 800 * 
the notice of lis pendens in the office of the clerk of Kings 
county. The compensation named in the award, the fees 
of the commissioners and the costs and expenses of said 
board of education of the city of Brooklyn in such proceed- 
ing shall be paid by said board out of the special fund in 
their hands, and such fees, costs and expenses may be taxed 
and allowed in the final order. 

* The act hereby amended shall apply to union free school To apply to 
districts and to districts organized under special laws ; and ^hooi d? e 
the trustees of such districts or the boards of education tncts and " 
organized under special laws, shall be and are hereby clothed organized 
with all the powers vested in trustees under said act. under 

* Nothing in this act contained shall prejudice or impair acts. ml 
any right acquired or proceeding had or instituted under 

or by virtue of the act hereby amended. 

f § 15. The provisions of this act and subsequent amend- Appiioa- 
ments thereto, shall be extended and apply to the city of NewYork 
New York, and the board of education of that city is hereby cit y- 
clothed with all the powers of trustees under the provisions 
of this act and the amendments thereto, and the title to 
any and all lands acquired in said city under the provisions 
of this act shall vest in the mayor, aldermen and common- 
alty of the city of New York. The proceedings mentioned 
in section one of this act may be authorized by a vote of 
said board of education, and the petition may be signed by 
the officers of said board. The commissioners provided for 
in section two of this act shall be inhabitants of the city of 
New York, but shall not be owners of nor interested in the 
property proposed to be taken nor related to the owners of 
the land proposed to be taken. The proceedings authorized 
by this act shall be taken in the city of New York before the 
supreme court and the notice of lis pendens shall be filed 
in the office of the clerk of the city of New York. The 
compensation named in the award, the fees of the commis- 
sioners and the costs and expenses of said board of educa- 
tion of the city of New York, in such proceedings, shall be 
paid by said board out of the special fund in their hands, 
and such costs, fees and expenses may be taxed and allowed 
in the final order. 

* These two paragraphs are added by chap. 819, Laws of 1867. 
+ Added by chap 318. Laws of 1887. 

13 



98 General Acts Kelating to Schools. 



CHAP. 694, nTT A -r-v /-»r\ a 

1867. CHAP- 694. 

AN ACT in relation to the valuation of the property of 
railroad companies in school districts, for the purpose of 
taxation. 

Passed April 23, 1867; three-fifths being present. 
llie People of the State of Neiv York, repi'esented in 

Senate and Assembly, do enact us follows : 

Duty of * Section" 1. It shall be the duty of the town assessors, 
bessorfto wi thin fifteen clays after the completion of their annual 
vakiatVo" assessment list, to apportion the valuation of the property 
the prop-' of each and every railroad, telegraph, telephone and pipe- 
raifroad, ^ me company as appears on such assessment list, among 
telegraph, the several school districts in their town, in which any por- 
and'pipe^ tion of said property is situated, giving to each of said dis- 
Daniea m " tricts their proper portion, according to the proportion that 
the value of said property in each of such districts bears to 
the value of the whole thereof in said town. 
Apportion t § 2. Such apportionment shall be in writing, and shall 
pent to be b e s io;ned by said assessors, or a maiority of them, and 

in writing o J ~ o m j ~ 

and to be shall set forth the number of each district and the amount 
tawVcierk °f the valuation of the property of each railroad, telegraph, 
telephone and pipe-line companies apportioned to each of 
said districts ; and such apportionment shall be filed with 
the town clerk by said assessors, or one of them, within five 
clays after being made; and the amount so apportioned to 
each district shall be the valuation of the property of each 
of said companies, on which all taxes against said companies 
in and for said districts shall be levied and assessed, until 
the next annual assessment and apportionment. 
Supervisor J § 3. In case the assessors shall neglect to make such 
uontP p0r apportionment it shall be the duty of the supervisor of the 
assessors town, on the application of the trustees or board of educa- 
negiect. ^ on ^ an y district, or of any railroad, telegraph, telephone 
or pipe-line company, to make such apportionment in the 
same manner and with the like effect as if made by said 
assessors. 
Towncierk § 4. The town clerk shall, whenever requested, furnish 
certified 5 to the trustees or board of education of each district, a cer- 
oVippor- 1 tifiecl statement of the amounts apportioned to such district, 
tionment and the name of the company to which the same relates, 
to trustees g 5 j R cage auv alteration shall be made in any school 
change in district affecting the property of any railroad, telegraph, 
njade Ctis telephone or pipe-line company, the officer making such 
alteration shall, at the same time, determine what change 
in the valuation of said property in such district would be 
just, on account of the alteration of district, and the valua- 
tion shall be accordingly changed. 

§ 6. This act shall take effect immediately. 

* As amended by sec. 1, chap. 414, Laws of 1884. 
+ As amended by sec. 2, chap. 414, Laws of 1884. 
j As amended by sec. 12, chap. 340, Laws of 1885. 



State Scholarships in Cornell University. 99 



CHAP. 291, 
1887. 



CHAP. 291. 

AN ACT to amend chapter five hundred and eighty- 
five of the laws of eighteen hundred and sixty-five, 
entitled "An act to establish Cornell University, and 
to appropriate to it the income of the sale of public 
lands granted to this state by congress, on the second 
day of July, eighteen hundred and sixty-two, also to 
restrict the operation of chapter five hundred and eleven 
of the laws of eighteen hundred and sixty-three." 

Passed May 7, 1887; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. Section nine of chapter five hundred and 
eighty-five of the laws of eighteen hundred and sixty-five 
is hereby amended so as to read as follows : 

§ 9. The several departments of study in the said uni-Opento 
versity shall be open to applicants for admission thereto appllcaats " 
at the lowest rates of expense consistent with its welfare 
and efficiency, and without distinction as to rank, class, 
previous occupation or locality. But with a view to 
equalize its advantages to all parts of the state, the insti- 
tution shall receive students to the number of one each 
year from each assembly district in this state, to be 
selected as hereinafter provided, and shall give them in- 
struction in any or in all the prescribed branches of study 
in any department of said institution, free of any tuition 
fee or of any incidental charges to be paid to said univer-Freeschoi- 
sity, unless such incidental charges shall have been made arshipsm ' 
to compensate for materials consumed by said students or 
for damages needlessly or purposely done by them to the 
property of said university. The said free instruction 
shall, moreover, be accorded to said students in considera- 
tion of their superior ability, and as a reward for superior 
scholarship in the academies and public schools of this 
state. Said students shall be selected as the legislature 
may from time to time direct, and until otherwise ordered, 
as follows : 

1. A competitive examination, under the direction of com pet i- 
the department of public instruction, shall be held at the i nations™" 
county court-house in each county of the state, upon the 



100 General Acts Relating to Schools. 



iss7. 29 ' first Saturday of June in each year, by the city superin- 
tendents and the school commissioners of the county. 
Quaiiflca- 2. None bu t pupils of at least sixteen years of ao-e and 
applicants, oi six months standing in the common schools or academies 
of the state, during the year immediately preceding the 
examination, shall be eligible. 

3. Such examination shall be upon such subjects as may 
be designated by the president of the university. Question 
papers prepared by the department of public instruction 
shall be used, and the examination papers handed in by the 
different candidates shall be retained by the examiners and 
forwarded to the department of public instruction. 

4. The examiners shall, within ten days after such ex- 
of'candi- aniination, make and file in the department of public 
dates. instruction a certificate, in which they shall name all the. 

candidates examined and specify the order of their excel- 
lence, and such candidates shall, in the order of their excel- 
lence, become entitled to the scholarships belonging to 
their respective counties. 

how a flned 8 ' ^' ^ n case an y candidate who may become entitled to 
' a scholarship shall fail to claim the same or shall fail to 
pass the entrance examination at such university, or shall 
die, resign, absent himself without leave, be expelled or 
for any other reason shall abandon his right to or vacate 
such scholarship either before or after entering thereupon, 
then the candidate certified to be next entitled in the 
same county shall become entitled to the same. In case 
any scholarship belonging to any county shall not be 
claimed by any candidate resident in that county, the 
state superintendent may fill the same by appointing 
thereto some candidate first entitled to a vacancy in some 
other county, after notice has been served on the superin- 
tendent or commissioners of schools of said county. In 
an} 7 such case, the president of the university shall at once 
notify the superintendent of public instruction, and that 
officer shall immediately notify the candidate next enti- 
tled to the vacant scholarship of his right to the same. 

Jh?™,.o f 6. Any state student who shall make it appear to the 

absence, . „ .</ , . i r 

how ob- satisfaction ot the president of the university that he re- 
quires leave of absence for the purpose of earning funds 
with which to defray his living expenses while in attend- 
ance, may, in the discretion of the president, be granted 
such leave of absence, and may be allowed a period not 
exceeding six years from the commencement thereof for 
the completion of his course at said university. 



State Scholarships in Cornell University. 10 L 



7. In certifying the qualifications of the candidates, OH i 8 w. 291 " 
preference shall be given (where other qualifications are Pl ' efer ?i>ce 
equal) to the children of those who have died in the children" 5 
military or naval service of the United States. 

8. Notices of the time and place of the examinations Notice of 
shall be given in all the schools, having pupils eligible tions, how 
thereto, prior to the first day of January in each year, gl?eu ' 
and shall be published once a week for three weeks in at 

least two newspapers in each county immediately prior to 
the holding of such examinations. The cost of publish- 
ing such notices and the necessary expenses of such exam- 
ination shall be a charge upon each county respectively, 
and shall be audited and. paid by the board of supervisors 
thereof. The state superintendent of public instruction 
shall attend to the giving and publishing of the notices 
hereinbefore provided for. He may, in his discretion, 
direct that the examination in any county may be held at 
some other time and place than that above specified, in 
which case it shall be held as directed by him. He shall be kept by 
keep full records in his department of the reports of the stflt . e so- 
different examiners, showing the age, post-office address ent! n e " 
and standing of each candidate, and shall notify candi- 
dates of their rights under this act. He shall determine 
any controversies which may arise under the provisions 
of this act. He is hereby charged with the general super- 
vision and direction of all matters in connection with the 
filling of such scholarships. Students enjoying the privi- 
leges of free scholarships shall in common with the other 
students of said university be subject to all of the exam- 
inations, rules and requirements of the board of trustees 
or faculty of said university except as herein provided. 



102 General Acts Relating to Schools. 



CHAP. 288, 
1873. 



CHAP. £88. 

AN ACT to authorize the Board of Education for the 
city and county of New York to establish a Nautical 



school. 



Passed April 24, 1873; three-fifths being present. 



The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

education Section 1. The board of education for the city and 
nautica/ lsh county of New York are authorized and directed to pro- 
school. vide and maintain a nautical school in said city, for the 
education aud training of pupils in the science and prac- 
tice of navigation ; to furnish accommodations for said 
school, and make all needful rules and regulations therefor, 
and for the number and compensation of instructors and 
others employed therein ; to prescribe the government 
and discipline thereof, and the terms and conditions upon 
which pupils shall be received and instructed therein, 
and discharged therefrom, and provide in all things for 
Books, etc. the good management of said nautical school. And the 
said board shall have power to purchase the books, appar- 
atus, stationery and other things necessary or expedient 
to enable said school to be properly and successfully con- 
ducted, and may cause the said school or the pupils or 
part of the pupils thereof to go on board vessels in the 
harbor of New York, and take cruises in or from said 
harbor for the purpose of obtaining a practical knowledge 
in navigation and of the duties of mariners. And the 
said board are hereby authorized to apply to the United 
States government for the requisite use of vessels and 
supplies for the purposes above mentioned. 

Note.— The act of 1875 as amended by chap. 30, Laws 1881, is the latest 
holiday act, and chap. 577 Laws of 1873 is given here for the reason that sec- 
tion 2 of this chapter, has not been amended or repealed and applies to all 
holidays. 



To Establish a Nautical School. 103 



§ 2. The said board of education shall appoint annually 1S73. "^ 
at least three of their number, who shall, subiect to the Executive 

-, '. „ \ .•' , committee. 

control, supervision and approbation ot tiie board, con- 
stitute an executive committee, for the care, government 
and management of such nautical school, under rules and 
regulations so prescribed, and whose duty it shall be, 
among other things, to recommend the rules and regula- 
tions which they deem necessary and proper for such 
school. 

§ 3. The board of supervisors of the county of New Tax. 
York, on the application of the said board of education, 
are hereby directed and empowered to cause to be raised 
by tax upon the estates, real and personal, in the city and 
county of New York, liable to taxation, for the year 
eighteen hundred and seventy -three, the sum of fifty 
thousand dollars, to be disbursed and expended by the 
said board of education, for the establishment and 
organization of the said nautical school. After the ■ 
establishment and organization of the said school, the 
expenses thereof, and of carrying out of the provisions 
of this act, shall be defrayed from the moneys raised by 
laM r for the support of common schools in the city and 
county of New York. 

§ 4. The chamber of commerce of New York is of°Xmbl? 
authorized to provide for and appoint a committee of ofcom " 

l i »t r i • merce. 

its members to serve as the council ot the nautical 
school, whose duty it shall be, as far as may be, to advise 
and co-operate with the board of education in the 
establishment and management of such school, and from 
time to time to visit and examine the same, and to com- 
municate in respect thereof with the board of educa- 
tion or such executive committee thereof, and to make 
reports to the chamber of commerce which may trans- Reports., 
mit to the state superintendent of public instruction such 
reports or any thereof, or an abstract of the same, with 
such recommendations as may be deemed advisable. 
§ 5. This act shall take effect immediately. 



104 



General Acts Relating to Schools. 



CHAP. 421. 

iS74. 



Children to 
be in- 
structed at 
school or 
at home, 
for at least 
14 weeks in 
each year. 



Employ 
ment of 
children 
under 14 
years of 
age pro- 
hibited. 



CHAP. 421. 

AN ACT to secure to children the benefits of elementary 
education. 

Passed May 11, 1874; tliree-fiftlis being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. All parents and those who have the care of 
children shall instruct them, or cause them to be instructed, 
in spelling, reading, writing, English grammar, geography 
and arithmetic. And every parent, guardian or other 
person having control and charge of any child between 
the ages of eight and fourteen years shall cause such child 
to attend some public or private day school at least four- 
teen weeks in each year, eight weeks at least of which at- 
tendance shall be consecutive, or to be instructed regularly 
at home at least fourteen weeks in each year in spelling, 
reading, writing, English grammar, geography and arith- 
metic, unless the physical or mental condition of the child 
is such as to render such attendance or instruction inex- 
pedient or impracticable. 

*§ 2. No child under the age of fourteen years -shall be 
employed by any person to labor in any business whatever' 
during the school hours of any school day of the school 
term of the public school in the school district or the city 
where such child is, unless such child shall have attended 
some public or private day school where instruction was 
given by a teacher qualified to instruct in spelling, reading, 
writing, geography, English grammar and arithmetic, or 
shall have been regularly instructed at home in said 
branches by some person qualified to instruct in the same, 
at least fourteen weeks of the fifty-two weeks next preced- 
ing any and every year in which such child shall be em- 
ployed, and shall, at the time of such employment, deliver 
to the employer a certificate in writing, signed by the 
teacher or a school trustee of the district or of a school, 
and countersigned by such officer as the board of educa- 
tion or public instruction, by whatever name it may be 
known in any city, incorporated village or town, shall des- 
ignate, certifying to such attendance or instruction; and 
any person who shall employ any child contrary to the 

*As amended by sec. 1, chap. 372, Laws of 1876. 



Compulsory Education Act. 105 



provisions of this section, shall, for each offense, forfeit and CII t&7J. 421, 
pay a penalty of fifty dollars to the treasurer or chief 
fiscal officer of the city, or supervisor of the town, in 
which such offense shall occur ; the said sum or penalty, 
when so paid, to be added to the public school money of 
the school district in which the offense occurred. 

* § 3. It shall be the duty of the trustee or trustees of Penalty. 
every school district, or public school, or union school, or school 
of officers appointed for that purpose by the board of edu- examine 
cation or public instruction, by whatever name it mav be for and 

• i • • j-i i£o" report 

known, in every town and city, in the month of feeptem- violations 
ber and of February of each year, and at such other times lsac " 
as may be deemed necessary, to examine into the situation 
of the children employed in all manufacturing and other 
establishments in such school district where children are 
employed ; and in case any town or city is not divided 
into school districts, it shall for the purposes of the ex- 
amination provided for in this section, be divided by the 
school authorities thereof into districts, and the said trus- 
tees or other officers as aforesaid notified of their respect- 
ive districts on or before the first day of January of each 
year-; and the said trustee or trustees, or other officers as 
aforesaid, shall ascertain whether all the provisions of this 
act are duly observed, and report all violations thereof to 
the treasurer or chief fiscal officer of said city, or super- 
visor of said town. On such examination, the proprietor, 
superintendent or manager of said establishment shall, on 
demand, exhibit to said examining trustee, or other officers 
as aforesaid, a correct list of all children between the ages children 
of eight and fourteen years employed in said establish- em P loved - 
ment, with the said certificates of attendance on school or 
of instruction. 

§ 4. Every parent, guardian or other person having children 
control and charge of any child between the ages of eight j 1 e y m c £ orar ' 
and fourteen years, who has been temporarily discharged charged ^ 
from employment in any business, in order to be afforded pioyment 
an opportunity to receive instruction or schooling, shall schoof nd 
send such child to some public or private school, or shall 
cause such child to be regularly instructed as aforesaid at 
home for the period for which such child may have been 
so discharged, to the extent of at least fourteen weeks in 
all in each year, unless the physical or mental condition 
of the child is such as to render such an attendance or in- 
struction inexpedient or impracticable. 

*As amended by sec. 2, chap. 372, Laws of 1870. 

14 



106 



General Acts Relating to Schools. 



enforce 
act. 



Penalties 
for viola- 



i874. 421 ' * § 5. The trustee or trustees of any school district or 
Trustees to public school, or the president of any union school, or 
such officer as the board of education of said city, incor- 
porated village or town may designate, is hereby author- 
ized and empowered to see that sections one, two, three, 
four and five of this act are enforced, and to report in 
writing all violations thereof to the treasurer or chief fis- 
cal officer of his city, or to the supervisor of his town ; 
any person who shall violate any provision of sections one, 
three and four of this act shall, on written notice of such 
violation from one of the school officers above named, for- 
feit, for the first offense, and pay to the treasurer or chief 
fiscal officer of the city, or to the supervisor of the town in 
which he resides, or such offense has occurred, the sum of 
one dollar, and, after such first offense, shall, for each 
succeeding offense in the same year, forfeit and pay to 
the treasurer of said city or supervisor of said town, the 
sum of five dollars for each and every week, not exceeding 
thirteen weeks in any one year, during which he, after 
written notice from said school officer, shall have failed to 
comply with any of said provisions ; the said penalties, 
when paid, to be added to the public school money of 
said school district in which the offense occurred. 

£ 6. In every case arising under this act where the 
parent, guardian, or other person having the control of 
any child between the said ages of eight and fifteenf 
years, is unable to provide such child for said fourteen 
Text-books weeks with the text-books required to be furnished to en- 
able such child to attend school for said period, and shall 
so state in writing to the said trustee, the said trustee 
shall provide said text-books for said fourteen weeks at 
the public school for the use of such child, and the expense 
of the same shall be paid by the treasurer of said city or 
the supervisor of said town on the certificate of the said 
trustee, specifying the items furnished for the use of such 
child. 

$ 7. In case any person having the control of any child, 
between the ages of eight and fourteen years, is unable to 
induce said child to attend school for the said fourteen 
weeks in each year, and shall so state in writing to said 
trustee, or said other officers appointed by the board of 
education or public instruction by whatever name it may 



Their ap- 
plication. 



for poor 
children 



Truant 
children. 



* As amended by sec. 3, chap. 372, Laws of 1876. 

+ So in the original. 

X As amended by sec. 4, chap. 372, Laws of 1876. 



Compulsory Education Act. 107 



be known, the said child shall, from and after the CII i&7i. 421 ' 
date and delivery to said trustee, or other officer as afore- 
said, of said statement in writing, be deemed and dealt 
with as an habitual truant, and said person shall be relieved 
of all penalties incurred for said year after said date, un- 
der sections one, four and five of this act, as to such child. 

* § 8. The board of education or public instruction, by concerning 
whatever name it may be called, in such city and incor- truauts - 
porated village, and the trustees of the school districts 
and union school in each town, by an affirmative vote of 
a majority of said trustees, at a meeting or meetings to 
be called for this purpose, on ten days' notice in writing 
to each trustee, said notice to be given by the town clerk, 
are for each of their respective cities and towns hereby 
authorized and empowered and directed, on or before the 
first day of January, eighteen hundred and seventy-seven, 
to make all needful provisions, arrangements, rules and 
regulations, concerning habitual truants and children be- 
tween said ages of eight and fourteen years of age, who 
may be found wandering about the streets or public 
places of such city or town during the school hours of the 
school day of the term of the public school of said city or 
town, having no lawful occupation or business, and grow- 
ing up in ignorance ; and said provisions, arrangements, 
rules and regulations shall be such as shall, in their judg- 
ment, be most conducive to the welfare of such children, 
and to the good order of such city or town ; and shall 
provide suitable places for the discipline and instruction 
and confinement, when necessary, of such children, and 
may require the aid of the police of cities, or incorporated 
villages, and constables of towns, to enforce their said 
rules and regulations, provided, however, that such provi- 
sions, arrangements, rules and regulations shall not go 
into effect, as laws for said several cities and towns, until Approva i 
they shall have been approved, in writing, by a justice of ? f b y a 
the supreme court for the judicial district in which said the su- 
city, incorporated village or town is situated ; and, when court? 
so approved, he shall file the same with the clerk of the 
said city, incorporated village or town, who shall print 
the same, and furnish ten copies thereof to each trustee 
of each school district, or public or union school of said 
city, incorporated village or town. The said trustee shall 
keep one copy thereof posted in a conspicuous place in or school?™ 
upon each school-house in his charge during the school house - 

* As amended by sec, 5, chap. 372, Laws of 1876. 



108 



General Acts Relating to Schools. 



CHAP. 27 
1675. 



.Amend- 
ments. 



terms each year. In like manner the same in eacli city, 
incorporated village or town may be amended or revised, 
within six months after the passage of this act, and there- 
after annually as the trustee or trustees of any school 
district or public school, or the president of any union 
school, or the board of education or public instruction, or 
by whatever name it may be known, in any city, incor- 
porated village or town, may determine. 

§ 9. Justices of the peace, civil justices and police jus- 
tices shall have jurisdiction, within their respective towns 
and cities, of all offenses and of all actions for penalties or 
fines described in this act, or that may be described in 
said provisions, arrangements, rules and regulations author- 
Actions for ized by section eight of this act. All actions for fines and 
penalties under this act, shall be brought in the name of 
the treasurer or chief fiscal officer of the city or supervisor 
of the town to whom the same is payable, but shall be 
brought by and under the direction of the said trustee or 
trustees, or said officer designated by the board of educa- 
tion. 

$ 10. Two weeks attendance at a half-time or evening 
school shall, for all purposes of this act be counted as one 
week at a day school. 

§ 11. This act shall take effect on the first day of Jan- 
uary, eighteen hundred and seve.nty-fi.ve. 



Justices to 
have juris- 
diction. 



fines 



Evening 
schools. 



CHAP. 27 



*AN ACT to designate the holidays to be observed 
in the acceptance and payment of bills of exchange, 
bank checks and promissory notes, and relating to the 
closing of public offices. 

PASSED'February 23, 1875. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Holidays. -J- Section 1. The following days and half-days, namely : 
The first day of January, commonly called New Year's 
day; the twenty-second day of February, known as 
Washington's birthday ; the thirtieth day of May, known 
as Decoration day ; the fourth day of July, called Inde- 
pendence day ; the first Monday of September, to be 
known hereafter as Labor clay ; the twenty-fifth day of 

* As amended by see. 2, ch. 30, Laws of 188!, and by oh. 289, Laws of 1887. 
t As amended by sec. 1, ch. 30, Laws of 1881, and by ch. 289, Laws of 1887. 



Concerning Holidays. 109 



December, known as Christmas day ; any general election ^75". 27, 
day in this state; every Saturday from twelve o'clock at 
noon until twelve o'clock at midnight, which is hereby 
designated a half-holiday ; and any day appointed or re- 
commended by the governor of this state, or the president 
of the United States, as a day of thanksgiving, or fasting 
and prayer, or other religious observance, shall, for all 
purposes whatever as regards the presenting for payment 
or acceptance, and of the protesting and giving notice of 
the dishonor of bills of exchange, bank checks and prom- 
issory notes, made after the passage of this act, be treated 
and considered as the first day of the week, commonly Tobe 
called Sunday, and as public holidays or half-holidays ; ^ea^ed as 
and all such (tills, checks and notes otherwise presentable and as hoii- 
for acceptance or payment on any of the said days shall ay9 ' 
be deemed to be payable and be presentable for accept- 
ance or payment on the secular or business day next suc- 
ceeding such holiday; but in the case of a half- holiday 
shall be presentable for acceptance or payment at or 
before twelve o'clock noon of that clay. Provided, how- Protest on 
ever, that for the purpose of protesting or otherwise hold- Lest see- 
ing liable any party to any bill of exchange, check or ceedl "°• 
promissory note, and which shall not have been paid 
before twelve o'clock at noon on any Saturday, a demand 
of acceptance or payment thereof may be made and notice 
of protest or dishonor thereof may be given on the next 
succeeding secular or business day. And provided, fur- 
ther, that when any person shall receive for collection 
any check, bill of exchange or promissory note, due and 
presentable for acceptance or payment on any Saturday, 
such person shall not be deemed guilty of any neglect or 
omission of duty, nor incur any liability in not presenting 
for payment or acceptance, or collecting such check, bill 
of exchange or promissory note on that day. And pro- 
vided, further, that in construing this section every Satur- 
day, unless a whole holiday as aforesaid, shall until twelve 
o'clock noon be deemed a secular or business day. And 
the da}'S and half days aforesaid shall be considered as 
the first day of the week, commonly called Sunday, and 
as public holidays or half-holidays, for all purposes what- 
soever as regards the transaction of business in the public 
offices of this state, or counties of this state. On all other 
days, or half clays, excepting Sundays, such offices shall 
be kept open for the transaction of business. 

§ 2. Whenever the first day of January, the twenty- JJJen fail- 
second day of February, the thirtieth day of May, the Sunday, 
fourth day of July or the twenty-fifth day of December t o°be a 7 
shall fall upon Sunday, the Monday next follow 7 ing shall hol,da y- 



110 General Acts Relating to Schools. 



CH i875. 27 * be deemed a public holiday for all or any of the purposes 
aforesaid ; provided, however, that in such case all bills 
of exchange, checks and promissory notes, made after the 
Protest to passage of this act which would otherwise be presentable 
iiext d suc° n for acceptance or payment on the said Monday shall be 
business deemed to be presentable for acceptance or payment on 
da y- the secular or business day next succeeding such holiday. 



CHAP. 219. 

AN ACT for the relief of school districts wishing to con- 
tract with boards of education of cities, to educate their 
children in city schools. 

Passed May 3, 1877. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Trustees ^Section 1. Whenever any school district adjoining a city 
pdwerldby or village f six thousand inhabitants, by a vote ot a ma- 
a district jority of the qualified voters of such district, shall empower 
to contract the trustees thereof, the said trustees shall enter into a writ- 
of^duca^ ten contract with the board of education of such city 
or°viUa£=> ty or v iU a g e , whereby all the children of such district may 
of six ° be entitled to be taught in the public schools of such city 
inhabitants or village, for a period of not less than twenty-eight 
thechii 1 weeks in any school year, upon filing a copy of such con- 
their° f tract duly certified by the trustees of such school district, 
district in and by the secretary of the board of education of said 
school of city or village, in the office of the superintendent of public 
or C viiiage instruction, such school district shall be deemed to have 
employed a competent teacher for such period, and shall 
be entitled to receive one distribution district quota each 
year, during which such contract shall be renewed and 
continued. 
Board of § 2. The board of education of any city or village, so 
to report, contracting with any school district shall report the 
number of persons of school age in such district, together 
with those resident in the city or village the same as 
though they were actual residents of the city or village, 
and shall report for the pupils attending the city or vil- 
lage schools from such district to the superintendent of 

*As amended by chap. 390, Laws of 1879. 



Text-Books in Schools. Ill 



CHAP. 413. 



public instruction, the same as though they were residents 
of such city or village. 

§ 3, It shall be the duty of the superintendent of f^fleinto 
public instruction to give to school commissioners such f^ructton 
directions as may, in his judgment, be required and proper, to commit 
in relation to the reports to be made by the trustees of relation to 
such districts to school commissioners. reports. 

§ 4. This act shall take effect immediately. 



CBLAJP. 413. 

AN ACT to prevent frequent changes of text-books in 

schools. 

Passed June 5, 1877; three fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

* Section 1. The boards of education or such bodies as Text- 
perform the functions of such boards in the several cities, ig n ation es " 
villages and union free school districts of this state shall and use o£ - 
have power and it shall be their duty to adopt and desig- 
nate text-books to be used in the schools under their charge 
in their respective districts. In the other school districts 
in the state the text-books to be used in the schools therein 
shall be designated at the first annual school meeting held 
after the passage of this act by a two-thirds vote of all the 
legal voters present and voting at such school meeting. 

§ 2. When a text-book shall have been adopted for use when 
in any of the public or common schools in this state, as „ t t!fbe 
provided in the first section of this act, it shall not be lawful s b ^ t r 1 ^| d 
to supersede the text-book so adopted by any other book in five 
within a period of five years from the time of such adop- years ' 
tion, except Upon a three-fourths vote of the board of 
education, or of such body as perform the functions of 
such board, where such board has made the designation, 
or upon a three-fourths vote of the legal voters present 
and voting at the annual school meeting in any other- 
school district. 

§ 3. Any person or persons violating any of the pro- Penalty for 
visions of this act shall be liable to a penalty of not less a c°t. atmg 
than fifty dollars nor more than one hundred dollars for 

*As amended by sec. I, chap. 427, Laws of 1884. 



112 



CHAP. 243. 
1S78. 



General Acts Relating to Schools. 

every such violation, to be sued for by any tax payer of 
the school district, and recovered before any justice of the 
peace, said line, when collected, to be paid to the collector 
or treasurer for the benefit of said school district. 
.. § 4. This act shall take effect immediately. 



Elections 
by ballot . 



Election, 
when and 
where 
held. 



Inspectors. 



CHAP. 248. 

AN ACT in relation to the election of officers in certain 
school districts. 

Passed May 13, 1878 ; three-fifths being present. 

The People of the State of Neio York, represented in 
Senate and Assembly, do enact as follows ; 

Section 1. In all school districts in this state in which 
the number of children of school age exceeds three hun- 
dred, as shown by the last annual report of the trustees 
to the school commissioner, all district officers, except the 
treasurer and collector of union free school districts, shall 
be elected by ballot. 

* § 2. Such election shall be held on the Wednesday 
next following the last Tuesday in August in each year, 
between the hours of twelve o'clock mid-day and lour 
o'clock in the afternoon at the principal school-house in 
the district, or at such other suitable place as the trustees 
may designate. When ihe place of holding such election 
is other than at the principal school-house, the trustees 
shall give notice thereof by the publication of such notice, 
at least one week before the time of holding such election, 
in some newspaper published in the district, or by posting 
the same in three conspicuous places in the district. The 
trustees may, by resolution extend the time of holding the 
election from four o'clock until sunset. 

§ 3. The trustees or board of education, or such of 
them as may be present, shall act as inspectors of elec- 
tion, and immediately after the close of the polls shall 
proceed to canvass the votes and declare the result. If 
any such district shall have but one trustee, the district 
clerk shall be associated with him as inspector. If a ma- 
jority of the trustees shall not be present at the time for 
opening the pulls, those in attendance may appoint any of 

* As amended by chap. 405, Laws of 1879 ; chap. 115, Laws of 18S2, and 
chap. 413, Laws of 1883. 



Districts with more than 300 Children. 113 



the legal voters of the district present, to act as inspectors cu ^878. 248 ' 
in place of the absent trustees. If none of the trustees 
shall be present at the time for opening the polls, the le- 
gal voters may choose three of their number to act as in- 
spectors. 

§4. The trustees shall, at the expense of the district, pr"vidl s to 
provide a suitable box in which the ballots shall be de- baiiot-box. 
posited as they are received. Such ballots shall contain 
the names of the persons voted for, and shall designate 
the office for which each one is voted. The ballots may 
be either written or printed, or partly written and partly 
printed. 

§ 5. The district clerk, or clerk of the board of educa-^j? 8 ^ 
tion, as the case may be, shall attend the election and 
record in a book to be provided for that purpose the 
name of each elector as he deposits his ballot. "When the 
polls shall have been closed the inspectors shall first count 
the ballots to see if they tally with the number of names 
recorded by the clerk. If they exceed that number 
enough ballots shall be withdrawn to make them corres- 
pond. Any clerk who shall neglect or refuse to record 
the name of a person whose ballot is received by the in- 
spectors, shall be liable to a fine of twenty-five dollars, to 
be sued for by the supervisor of the town. If the district 
clerk or clerk of the board of education shall be absent, or 
shall be unable or shall refuse to act, the trustees, inspect- 
ors of election, or board of education shall appoint some 
person to act in his place. 

§ 6. If any person offering to vote at any such election ^ e e r a ls 
shall be challenged as unqualified by any legal voter, the challenged, 
chairman of the inspectors shall, require the person so 
offering to vote to make the following declaration : " I 
do declare and affirm that I am an actual resident of this 
school district, and that I am legally qualified to vote at 
this election.' 1 And every person making such declara- 
tion shall be permitted to vote ; but if any person shall 
refuse to make such declaration, his ballot shall not be re- 
ceived by the inspectors. Any person who upon being 
so challenged shall willfully make a false declaration of to^ffi 8 * 
his right to vote at such election, shall be deemed guilty £r nfegai on 
of a misdemeanor and punished by imprisonment in the voting, 
county jail for not less than six months nor more than 
one year. Any person who shall vote at such election, 
not being duly qualified, shall, though not challenged, 
forfeit the sum of ten dollars, to be sued for by the su- 

15 



114 General Acts Relating to Schools. 



chap. 9. 



1880. pervisor of the town for the benefit of the school or 
schools of the district. 
Disputes § 1. All disputes concerning the validity of any such 
thee e iec- ns election, or of any votes cast thereat, or of any of the 
referred to ac ^ s °^ ^ ne ms P ec t° rs or clerk, shall be referred to the 
the super- superintendent of public instruction, whose decision in 
of pub?/c the matter shall be final. Such superintendent may, in 
tion mc " ms discretion, order a new election in any district. 
Result, § 8. The persons having the highest number of votes, 

ciared?" respectively, for the several offices shall be declared 
elected, and the clerk shall record the declaration of the 
inspectors. In case two persons shall have an equal num- 
ber of votes for the same office, the inspectors of election 
shall immediately choose one of such persons. If the in- 
spectors cannot agree, the clerk shall decide the matter, 
meeting. § 9- The annual meeting, in the several districts shall 
be held as now provided by law for the purpose of trans- 
acting all business except the election of officers, 
exempted * § 10. This act shall not apply to cities nor to union 
provisions ^ ree scno °l districts whose boundaries correspond with 
of this act. those of an incorporated village, nor to any school district 
organized under a special act of the legislature, in which 
the time, manner and form of the election of district offi- 
cers shall be different from that prescribed for the elec- 
tion of officers in common school districts, organized under 
the general law, nor to any of the school districts in 
counties of Richmond, Suffolk, Chenango, Westchester, 
Warren and Erie. 



CHAP, 9. 

AN ACT to declare women eligible to serve as school 

trustees. 

Passed February 1.2, 1880; three-fifths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. ]So person shall be deemed to be ineligible 
to serve as any school officer, or to vote at any school 
meeting, by reason of sex, who has the other qualifications 
now required by law. 

§ 2. This act shall take effect immediately. 

* As amended by chap. 405, Laws of 1879; chap. 527, Laws of 1880 ; chap. 
381. Laws of 1882 ; chap. 89, Laws of 1884, and chap. 199, Laws of 1886. 



Dissolution of Union Fkee School Districts. 115 



CHAP. 210. 
1880. 



CHAP. 210. 

AN ACT to provide for the dissolution of union free 
school districts in certain cases. 

Passed May 8, 1880; three-fifths being present. 

The People of the State of JVevj York, represented in 
Senate and Assembly, do enaet as follows : 

Section 1. In any union free school district established board°o f f 
under the laws of this state, it shall be the duty of the ^ u a cati 1 < ? ri 
board of education, upon the application of fifteen resi- cation to 
dent tax-payers of such district, to call a special meeting f„ g topics 
in the manner prescribed bylaw, for the purpose of deter- "Pg^f of 
mining whether application shall be made in the manner dissolution 
hereinafter provided, for the dissolution of such union 
free school district, and for its reorganization as a com- 
mon school district or districts. 

* § 2. Whenever, at any such meeting called and held when 
as aforesaid, it shall be determined by a majority vote of ™te°noiT 
the legal voters present and voting, to be ascertained by norther 76 ' 
taking and recording the ayes and noes, not to dissolve { neeti 1 ng d to 
such union free school district, no other meeting for a within 
similar purpose shall be held in said district within three years, 
years from the time the first meeting was held, and when- 
evei, at any such meeting called and held as aforesaid, it if two- 
shall be determined by a two-thirds vote of the legal voters todissoive, 
present and voting, to be ascertained by taking and record- education 
ing the ayes and noes, to dissolve such union free school ™ Ui fP re " 
district, it shall be the duty of the board of education to board of 
present to the clerk of the board of supervisors a certified rs cern- 
copy of the call, notice and proceedings, .and the said ^ c °$[ ce 
clerk shall lay the same before the board of supervisors at etc' 
theii next meeting. If the board of supervisors shall ap- or^ap^ 13 " 
prove of the proceedings of said meeting, the clerk shall provai. 
certify the same to the board of education. 

Such approval shall not take effect until the day pre- ^| effect. 
ceding the last Tuesday of August next succeeding ; but 
after that date such district shall cease to be a union free 

School district may'direct 

§ 3. If any union free school district dissolved under ^ritory of 
the foregoing provisions shall have been established by a dissolved 

& ° r J _ district 

* As amended by sec. 15, chap. 413, Laws of 1883. district had 



116 General Acts Relating ro Schools. 



chap. 210. . 

i860, the consolidation of two or more districts, it shall be law- 

medfrom f"l iov the board of supervisors to direct that its territory 

*7 S °^™ ^ be divided in two or more districts to correspond, so far 

formed into as practicable, with the districts theretofore consolidated. 

same as w § 4. If there shall be, in such dissolved union free 

soi f ida e ted. n " scno °l district, an academy which shall have been adopted 

if an as the academic department of the union free school, 

has d been under the provisions of title nine, chapter five hundred 

adopted it anc j fifty-five of the laws of eighteen hundred and sixty- 

shall be . . «/ , ,. &. J 

trans- four, it shall, upon the application of a majority of the 
its former surviving resident former trustees or stockholders, be 
trustees, transferred by the board of educationt o said former trus- 
tees or stockholders. 
Conditional § 5. The board of supervisors may make its approval of 
oFsupIr- the proceedings of any such meeting held as aforesaid con- 
visors, ditional upon the payment, bj^ the district which has been 
most greatly benefited by the consolidation in the way of 
buildings and other improvements to the other district or 
districts into which the said union free school district is 
divided, of such sum or sums of money as they may deem 
equitable. 
Moneys on § 6. All monies remaining in the hands of the treasurer 
hand to be f the union free school district when the order of disso- 
tioned. lution shall take effect shall be apportioned equitably 
among the several districts into which such union free 
school district is divided, and shall be paid over to the col- 
lectors of such districts when they shall have been elected 
and have qualified according to law. 
Annual *§ ^- The district or districts formed by the dissolution 

meetings. f suc h union free school district shall hold its or their 
annual meeting or meetings on the last Tuesday of Au- 
gust next, after the dissolution of such union free school 
district, and shall elect officers as now required by law. 
if proceed § 8. If the board of supervisors shall not approve the 
n n o?ap r - e proceedings of any such meeting, held as aforesaid, for 
proved, the purpose of dissolving a union free school district, no 

no other .J * 7 11 . o . it . P • m 

meeting to other meeting shall be held in such district, for a similar 
three l purpose, within three years from the time the first meet- 
years. j n g was held. 

dissolution § ^' Whenever the proceedings of a meeting, held as 
to be given aforesaid, for the purpose of dissolving a union free 
tenlent of school district, shall have been approved by the board of 
strucMon". supervisors and shall have been certified by the clerk of 
said board to the board of education, it shall be the duty 

* As amended by sec. 16, chap. 413, Laws 61 1883. 



Property of Delaware and Hudson Canal Co. 117 



of the board of education of the district affected forthwith 0II fs«). 540 ' 
to notify the superintendent of public instruction, and to 
furnish him copies of the call, notice, proceedings of the 
meeting, and proceedings of the board of supervisors taken 
thereon. 



CHAP, 540. 

AN ACT in relation to the valuation of the property of the 
president, managers and company of the Delaware and 
Hudson 0|nal Company in school districts, for the pur- 
pose of taxation. 

Passed June 1, 1880 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. It shall be the duty of the town assessors, Assessors 
within fifteen days after the completion of their annual {jf on * p P ( ? r " 
assessment list, to apportion the valuation of the property tion 
of the president, managers and company of the Delaware Several 
and Hudson Canal Company, as appears on such assess- school 
ment list, among the several school districts in their town 1S ncts ' 
in which any portion of said property is situated, giving 
to each of said districts their proper portion, according to 
the proportion that the value of said property in each of 
such districts bears to the value of the whole thereof in 
said town. 

§ 2. Such apportionment shall be in writing, and shall To be in 
be signed by said assessors, or a majority of them, and shall writin £- 
set forth the number of each district, and the amount of 
the valuation of the property of the president, managers 
and company of the Delaware and Hudson Canal Company, 
apportioned to each of said districts ; and such ajDportion- Filed with 
ment shall be filed with the town clerk, by said assessors, townclerk - 
or one of them, within five days after being made, and the 
amount so apportioned to each district shall be the valua- 
tion of the property of said Delaware and Hudson Canal 
Company, on which all taxes against said Delaware and 
Hudson Canal Company in and for said districts shall be 
levied and assessed until the next annual assessment and 
apportionment. 

§ 3. In case the assessors shall neglect to make such Supervisor 
apportionment, it shall be the duty of the supervisor of the g°,™ e a , k n e 
town, on the application of the trustees or board of educa-caseofneg- 
tion of any district, or of the said Delaware and Hudson assessors. 
Canal Company, to make such apportionment, in the same 
manner and with like effect as if made by said assessors. 



118 



General Acts Relating to Schools. 



CHAP. 1. 

1881. 

Certified 
statement 
to be fur- 
nished 
trustees. 
Certified 
copy of 
apportion- 
ment to be 
furnished 
the com 
pany. 



When 

alteration 
is made 
in school 
district. 



§ 4. The town clerk shall, whenever requested, furnish to 
the trustees or board of education of each district a certified 
statement of the amounts apportioned to such district, and 
the name of the company to which the same relates. 

§ 5. The town clerk shall, whenever requested, once in 
each year, furnish to the agent of the said Delaware and 
Hudson Canal Company and to the trustees or board of 
education of each school district to which any portion of 
said appropriation belongs, a certified copy of said appor- 
tionment. 

§ 6. In case any alteration shall be made in any school 
district, affecting the property of the said Delaware and 
Hudson Canal Company, the officer making sflch alteration 
shall at the same time determine what change in the valua- 
tion of the said property in such district would be just, on 
account of the alteration of such district, and the valuation 
shall be accordingly changed. 

§ 7. This act shall take effect immediately. 



$76,957.77 
appropri- 
ated. 



Commis- 
sioners' 
salaries to 
be paid. 



Superin- 
tendent 
to set apart 
a sum 
sufficient 
to pay 
salaries of 
school 
commis- 
sioners 
from the 
free school 
fund. 



CHAP. 1. 

AN ACT to provide for the deficiency in the revenue of the 
United States deposit fund, and for the payment of the 
salaries of school commissioners. 

Passed January 15, 1881 ; three-fifths being present. 

TJie People of the State of New Yorh, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The sum of seventy-six thousand nine hun- 
dred and fifty-seven dollars and seventy-seven cents is 
hereby appropriated from any moneys in the treasury, not 
otherwise appropriated, to supply the deficiency in the reve- 
nue of the United States deposit fund on the thirtieth day 
of September, eighteen hundred and eighty. 

§ 2. The salaries now due and hereafter to become due 
to the several school commissioners of the state shall be 
paid out of any unexpended balances in the treasury cred- 
ited to the free school fund. 

§ 3. In making the annual apportionment of school mon- 
eys, the superintendent of public instruction shall hereafter 
set apart a sum sufficient to pay the salaries of the several 
school commissioners from the free school fund, instead of 
from the United States deposit fund as heretofore. 

§ 4. All acts and parts of acts inconsistent with this act 
are hereby repealed. 

§ 5. This act shall take effect immediately. 



Payment of Taxes by Kailkoad Companies. 119 



CHAP. 675. 
1881. 



CHAP. 543. 

AN ACT to amend chapter four hundred and eighty-two 
of the laws of eighteen hundred and seventy-five, entitled 
"An act to confer on boards of supervisors further pow- 
ers of local legislation and administration, and to regu- 
late the compensation of supervisors," as amended by 
chapter five hundred and twelve of the laws of eighteen 
hundred and eighty. 

Passed June 16, 1881 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. Chapter four hundred and eighty-two of the 
laws of eighteen hundred and seventy-five, entitled "An 
act to confer on boards of supervisors further powers of 
local legislation and administration, and to regulate the 
compensation of supervisors," as amended by chapter five 
hundred and twelve of the laws of eighteen hundred and 
eighty, is hereby further amended by adding thereto the fol- 
lowing additional subdivision to section one of said act : 

36. To divide any school commissioner district which con- Boards of 
tains more than two hundred school districts and to erect ™ r P e r J Tis - 
therefrom an additional school commissioner district, and divide 
when such district shall have been formed, a school com- co minis- 
missioner for said district shall be elected in the way and sioner dis 
manner now provided by law for the election of school com- taimng° n 
missioner. ^ o r hun aD 

§ 2. This act shall take effect immediately. dred school 

^ districts. 



CHAP. 675. 

AN ACT to facilitate the payment of school taxes by rail- 
road companies. 

Passed July 25, 1881 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

* Section 1. It shall be the duty of the school collector School 
in each school district in this state, except in the counties tode^vlr 
of New York and Kings, within five days after the receipt statement 

by such collector of any and every tax or assessment-roll of treasure? 

. of every 

*As amended by sec. 1, chap. 319, Laws of 1882. 



120 General Acts Relating to Schools. 



CH i88i'. 675 ' his district, to prepare and deliver to the county treasurer 
tax or as- of the county in which such district, or the greater part 
a|a S inst nt thereof, is situated, a statement showing the name of each 
railroad railroad company appearing in said roll, the assessment 

companies . x. m • j ■ js i 1 1 

in their against each of said companies for real and personal prop- 
districts. er ty respectively, and the tax against each of said companies. 
County It shall thereupon be the duty of such county treasurer, 
must there- immediately after the receipt by him of such statement 
upon from such school collector, to notify the ticket agent of any 
ticket e such railroad company assessed for taxes at the station near- 
such'rafi- es ^ ^° ^ e office of such county treasurer personally or by 
road com- mail, of the fact that such statement has been filed with 
pany. ki m ^ suc } 1 collector, at the same time specifying the 

amount of the tax to be paid by such railroad company. 

Railroad § 2. Any railroad company heretofore organized, or which 

may P pay y mav hereafter be organized, under the laws of this state, 

tax with may within thirty days after the receipt of such statement 

county by such county treasurer, pay the amount of tax so levied 

treasurer. or assessed against it in such district and in such statement 

mentioned and contained with one per centum fees thereon, 

to such county treasurer, who is hereby authorized and 

directed to receive such amount and to give proper receipt 

therefor. 

Collector § 3. In case any railroad company shall fail to pay such 

tax after 6 tax within said thirty days, it shall be the duty of such 

thirty days county treasurer to notify the collector of the school district 

in which such delinquent railroad company is assessed, of 

its failure to pay said tax, and upon receipt of such notice 

it shall be the duty of such collector to collect such unpaid 

tax in the manner now provided by law, together with five 

per centum fees thereon; but no school collector shall collect 

by distress and sale any tax levied or assessed in his district 

upon the property of any railroad company until the receipt 

by him of such notice from the county treasurer. 

Amount § 4. The several amounts of tax received by any county 

urer tobe~ treasurer in this state, under the provisions of this act, of 

paid over and from railroad companies, shall be by such county treas- 

lectoiC urer placed to the credit of the school district for or on 

account of which the same was levied or assessed, and on 

demand paid over to the school collector thereof, and the 

one per centum fees received therewith shall be placed to 

the credit of, 1 and on demand paid to, the school collector 

of such school district. 

§ 5. Nothing in this act contained shall be construed to 
hinder, prevent or prohibit any railroad company from pay- 
ing its school tax to the school collector direct, as now pro- 
vided by law. 

§ 6. This act shall take effect immediately. 



Instruction of Common School Teachers. 121 



CHAP. 31S. 
1882. 



CHAP. 318- 

AN ACT to regulate the instruction of common school 
teachers in academies and academical departments of 
union schools. 

Passed June 7, 1882. 

The People of the State of New Yo?*k, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The appropriation provided by chapter Appropri- 
four hundred and twenty-five of the laws of eighteen f^de in- 
hundred and seventy-seven, for the instruction inspection 
academies and union schools in the science and practice of the 
of common school teaching, shall be deemed to include, umverslt - v - 
and shall include, the due inspection and supervision of 
such instruction by the regents of the university, and the 
expenses of such inspection and supervision for the pres- 
ent and each succeeding fiscal year shall be paid out of 
said appropriation on vouchers certified by the regents of 
the university. 

§ 2. Each class organized in any academy or union classes 
school under appointment by the regents of the unversity, Station 
for instruction in the science and practice of common by school 
school teaching, shall be subject to the visitation of the sioner. 
school commissioner of the district in which such 
academy or union school is situated ; and it shall be the 
duty of said commissioner to advise and assist the princi- Duty of 
pals of said academies or union schools in the organiza- s°oS™ s ' 
tion and management, and in the final examination of 
said classes, and after the close of the term of instruction of 
said classes to make to the regents of the university, in 
the manner to be prescribed by them, a report in regard 
to the instruction of said classes, and the qualifications of 
the individual members thereof. 

§ 3. Each scholar instructed for the full term provided by ^J,^ 
law, in a class organized for instruction in the science and be deemed 
practice of common school teaching, who shall have passed sufficient 
the examination, known and designated as the regents' '0^™^ 
preliminary examination, in arithmetic, English grammar, ^™™° n 
geography and spelling, and who, in addition, shall have 
passed the final examination prescribed for such classes by 
the said regents, including an examination in the history of 
the United States, the principles of civil government and 



122 



General Acts Relating to Schools. 



cnA i8S3. 414 " the methods of teaching, shall be deemed to have sufficient 
learning to teach in the common schools of the state ; 
Regents to and to each such scholar the regents of the university 
nioniai, and shall grant a testimonial which, when indorsed by any 
ment se " school commissioner, shall constitute a certificate of quali- 
schooi fby ^ ca ti° n and a license to teach in the common schools of 
commis- his district for a period of one year from the date of such 
indorsement ; and at the expiration of the period named 
in said license, and at successive expirations thereafter, 
said certificate may be re-indorsed by any school commis- 
sioner, and at his discretion constituted a license to teach 
in the common schools of his district for a period not to 
exceed three years after each re-indorsement. 
§ 4. This act shall take effect immediately. 



Cities hav- 
ing a sup- 
erintend- 
ent of 
schools 
not to be 
included iu 
commis- 
sioner dis- 
trict. 



Supervis- 
ors to 
divide 
count}- 
into com- 
missioner 
districts. 



CHAP. 4:14=. 

AN ACT to amend section sixteen of chapter one 
hundred and seventy-nine of the laws of eighteen 
hundred and fifty-six, entitled " An act to provide for 
a more thorough supervision and inspection of common 
schools, and further to amend the statutes relating to 
public instruction in the state." 

Passed May 16, 1883 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. Section sixteen of chapter one hundred 
and seventy-nine of the laws of eighteen hundred and 
fifty-six is hereby amended so as to read as follows : 

§ 16. The several cities which already or which shall 
hereafter, under special acts, elect superintendents of 
common schools, or whose board of education choose clerks 
doing the duty of supervision under direction of the 
board of education, shall not be included in any commis- 
sioner" s district created by this act or authorized to be 
formed by the board of supervisors ; and the several 
boards of supervisors in counties in which such cities are 
joined to towns in the formation of an assembly district 
may divide the county, exclusive of such cities, into 
school commissioner's districts as they may deem advis- 
able, but no town shall be divided in forming such 
districts. 



Physiology and Hygiene in Public Schools. 123 



CHAP. 30. 

18S4. 



CHAP. 30. 

AN ACT in relation to the study of physiology and hy- 
giene in the public schools. 
Passed March 10, 1884 : three fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. Provision shall be made by the proper local Local au- 
school authorities for instructing all pupils in all schools to make 
supported by public money, or under state control, in f™ study- 
physiology and hygiene, with special reference to the ef- oj f phy f j^ 
fects of alcoholic drinks, stimulants and narcotics upon the hygiene, 
human system. 

§ 2. No certificate shall be granted to any person to candidates 
teach in the public schools of the state of New York after cateTto* 1 " 
the first day of January, eighteen hundred and eighty-five, teach must 

-, , J , -\ ,• r • J i • P ass exam- 

who has not passed a satisfactory examination m physi- ination in 
ology and hygiene, with special reference to the effects of l 1S s u y ' 
alcoholic drinks, stimulants and narcotics upon the human 
system. 



CHAP. 248. 

AN ACT in relation to public education in the city of 
New York. 
Passed May 5, 1884 ; three-fifths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The colored schools in the city of New ^hooi^to 
York, now existing and in operation, shall hereafter be beclas ^ ed 

i i ii ii ■ i ill i as ward 

classed and Known and be continued as ward schools, and schools, 
primaries, with their present teachers, unless such teach- 
ers are removed in the manner provided by law, and such 
schools shall be under the control and management of 
the school officers of the respective wards in which they 
are located in the same manner and to the same extent as 
other ward schools, and shall be open for the education 
of pupils for whom admission is sought, without regard 
to race or color. 

§ 2. All acts or parts of acts inconsistent with the pro- 
visions of this act are hereby repealed. 

§ 3. This act shall take effect immediately. 



124 General Acts Relating to Schools. 



CHAP. 413. 

Chap. 413. 

AN ACT for the relief of non-resident tax payers who, 
or whose children or wards are attendants at any free 
school. 

Passed May 31, 1884 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

*Section 1. Pupils attending any free school, whether 

the same be organized under chapter five hundred and 

dent pupils fifty-five of the laws of eighteen hundred and sixty-four, 

the^pay t0 entitled " An act to revise and consolidate the general 

merit of ac t s relating to public instruction,''' or under any special 

tuition i • , mi • , • t> • v /•! 

fees. act applying to a village or city, if residing out of the 

districts where said schools are kept, shall be subject to 
the payment of the tuition prescribed by the proper au- 
thorities; provided, that if such non-resident pupils, their 
tobe^nade P aren t s or guardians, shall be liable to be taxed for the 
when pu- support of said schools in the said districts, on account of 
or guard- owning property therein, the amount of any such tax paid 
taxm y dis- by a non-resident pupil, his parent or guardian, during 
trict where the same school year in which the charge for tuition was 

pupil at- , 1111111 i/> ii 

tends incurred, shall be deducted from such charge for tuition. 

school. ' ° 

AMERICAN MUSEUM OF NATURAL HISTORY. 

Chap. 428. 

AN ACT to provide for a course of free instruction in 

natural history, and making an appropriation for the 

support thereof. 

Passed May 20, 1886; three-fifths being present; without the ap- 
proval of the Governor.f 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 
state Supt. Section 1. The State Superintendent of Public In- 

authonzed , . , . \ . 

to contract struction is hereby authorized and empowered to make 
American and enter into an agreement with the American Museum 
NaturaT° f of Natural History in the city of New York, for a term 
History for not to exceed two years, to supply, furnish and maintain 

a course of. ,. --l • i p j- • 

free in- in connection with said museum a course ol free mstruc- 
to teach 1 - ^ on t° De given and illustrated by the curators of said 
ers - museum, on human and comparative anatomy, physiology, 

*As amended by sec. 11, chap. 340, Laws of 1885. 

t Not returned by the Governor within ten days after it was presented 
to him, and became a law without his signature. [Art. IV, Sec. 9, Con- 
stitution of the State of New York.] 



Forest Preserve. 125 



. CHAP. 280. 

zoology, physical geography, and such other subjects as 1886 - 
the said Superintendent of Public Instruction may re- 
quire, to the teachers of the common schools, the normal 
schools of the State, the normal college of the city of 
New York, and the training school for teachers in the 
city of Brooklyn, who may desire to avail themselves of 
this training, and to provide for at least one lecture every 
year during the term of said agreement, to be delivered 
on one or more of said subjects at each of the several 
normal schools of the State, the normal college of the 
city of New York and the training school for teachers in 
the city of Brooklyn, and to supply to the said normal 
schools and said normal college and training school, andto A PpH- 
the public schools of the city of New York and Brook- pTates and 
lyn, and to any common school, on the application of its ££ bftur- 
trustees, all such appliances, plates and apparatus as may nisbed ' 
be necessary for the proper presentation to their teachers 
and pupils of this instruction. 

§ 2. The State Superintendent of Public Instruction state Supt 
is hereby authorized also to make and enter into a con- authorized 
tract with said museum for repeating the aforesaid infor- with said 
mation to artisans, mechanics and other citizens, when a ££ free^n- 
lecture hall capable of seating at least one thousand per- f trilc ti°n 
sons, and other necessary rooms shall have been erected etc. 
by said city as an extension of the building now in pos- 
session of said museum. 

§ 3. The sum of eighteen thousand dollars is hereby A ppropri a . 
appropriated for the support and maintenance of said tionfor - 
course of free instruction for the fiscal year beginning on 
the first day of October, eighteen hundred and eighty- 
six, and said sum of eighteen thousand dollars shall be 
appropriated annually for the support and maintenance of 
said course of free instruction during the term of said 
agreement. 

§ 4. This act shall take effect immediately. 



Chap. 280. 

AN ACT to provide for the taxation of forest lands in 
the counties known as the Forest Preserve. 

Passed May 5, 1886; three-fifths being present. 
The People of the State of New York, represented in Sen- 
ate and Assembly, do enact as folloivs: 

Section 1. All wild or forest lands belonging to, or 
which may hereafter be acquired by the State within the forest 01 " 
limits of the Forest Preserve as established by chapter taxed! be 



126 General Acts Relating to Schools. 



1886. " two hundred and eighty -three of the laws of eighteen, 
hundred and eighty-five, shall be assessed and taxed at a 
like valuation and at a like rate as those at which similar 
lands of individuals within such counties are assessed and 
taxed, subject, however, to the provisions of this act. 
On or before August first in every year the assessors of 
to file copy the town within which the lands so belonging to the 
ment S roff State are situated shall file in the office of the Comptroh- 
Comptroi- ^ er ' an d m tne office of the Forest Commission, a copy 
lerand of the assessment-roll of the town which, in addition to 
commis- the other matters now required by law to be stated 
what s therein, shall state and specify which and how much, if 
sessment- any, of the lands assessed are forest lands, and also, and 
shall state, separately, which and how much, if any, of the lands as- 
sessed are lands belonging to the State ; such statements 
and specifications to be verified by the oaths of a major- 
comptroi- ity of the said assessors. The Comptroller shall there- 
co r r£eciTas- upon and before the first day of September following, 
sessment. aQC | after hearing the assessors and the Forest Commis- 
sion if they or any of them so desire, correct or reduce 
any assessment of State lands which may in his judg- 
ment be in unfair proportion to the remaining assess- 
ments of lands within the town, and shall in other re- 
spects approve the assessment and communicate such ap- 
proval, and no such assessment of State lands shall be 
valid for any purpose until the amount of the assessment 
is so approved by the Comptroller, and such approval, 
attached and deposited with the assessment-roll of the 
town and therewith delivered by the assessors of the 
town to the supervisor of the town, or other officer au- 
Taxforthe thorized to receive the same from the assessors. No tax 
erection of for the erection of a school- house or opening a road shall 
house. be imposed upon State lands, unless such erection or 
How pay- opening shall have been first approved in writing by the 
mentsof Forest Commission . Payments of the taxes which may 

taxes to be . , J . . . . . J 

made. be imposed according to Jaw and the provisions ot this 
act upon lands so belonging to the State shall in every 
year be made by the Treasurer of the State upon the 
certificate of the Comptroller as to the lawful and just 
amount of such taxes, by allowing to the treasurer of the 
county in which any snch lands may be situate a credit 
of the amount of such taxes due upon such lands upon the 
amount payable by such county treasurer in such year to 
the State for State taxes ; providing however, that no 
fees shall be allowed by the Comptroller to the county 
treasurers in adjusting their accounts for such portion of 
the State tax as is so paid. 

§ 2. This act shall take effect immediately. 



Normal Schools. 127 



CHAP. 311, 
1311. 



Appropria- 
tion for 
the estab- 
ment 



NORMAL SCHOOLS. 

Chap. 311. 

[1. Albany.] 

AN ACT for the establishment of a normal school. 

Passed May 7, 1844. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as folloios: 

Section 1. The treasurer shall pay on the warrant of ^ 
the Comptroller, to the order of the Superintendent ofWonYor" 
Common Schools, from that portion of the avails of theli h sh'" , 
literature fund appropriated by chapter two hundred and J a f s n c ° h o i 
forty-one of the Laws of one thousand eight hundred and atAlbany - 
thirty-four, to the support of academical departments for 
the instructions of teachers of common schools, the 
sum of nine thousand six hundred dollars; which sum 
shall be expended under the direction of the Superin- 
tendent of Common Schools and the Regents of the 
University, in the establishment and support of a nor- 
mal school for the instruction and practice of teachers of 
common schools in the science of education and in the 
art of teaching, to be located in the county of Albany. 

§2. The sum of ten thousand dollars shall, after the Annual ap- 
present year, be annually paid by the Treasurer, on the Fo° sup- tioa 
warrant of the Comptroller, to the Superintendent of port- 
Common Schools, from the revenue of the literature 
fund, for the maintenance and support of the school so 
established, for five years, and until otherwise directed by 
law. 

§ 3. The said school shall be under the supervision, gu ery . 
management and government of the Superintendent of ion by 
Common Schools and the Regents of the Universitv. perintlnd- 
The said Superintendent and Eegents shall, from time to the Re? 
time, make all needful rules and regulations, to fix the s®^ of 
number and compensation of teachers and others to beversity" 
employed therein ; to prescribe the preliminary examina- 
tion and the terms and conditions on which pupils shall 
be received and instructed therein ; the number of pupils 
from the respective cities and counties, conforming as 
nearly as may be to the ratio of population ; to fix" the 
location of the said school, and the terms and conditions 



128 



CHAP. 318. 
1848. 



Executive 
committee, 
duty of. 



Rules and 
regula- 
tions. 



Annual 

report. 



General Acts Relating to Schools. 

on which the grounds and buildings therefor shall be 
rented, if the same shall not be provided by the corporation 
of the city of Albany, and to provide in all things for the 
good government and management of the said school. 
They shall appoint a board, consisting of five persons, of 
whom the Superintendent shall be one, who shall constitute 
an executive committee for the care, management and gov- 
ernment of the said school under the rules and regula- 
tions prescribed as aforesaid, whose duty it shall be, from 
time to time, to make full and detailed reports to the 
State Superintendent and Regents, and among other 
things to recommend the rules and regulations which 
they deem necessary and proper for the said school. 

§ 4. The Superintendent and Regents shall annually 
transmit to the legislature a full account of their pro- 
ceedings and expenditures of money under this act, 
together with a detailed report by said executive commit- 
tee of the progress, condition and prospects of the school. 



The foregoing was the first provision made by law in 
this State for the establishment of any normal school. 
Though general in the sense of being for the benefit of 
the State, the school was located at Albany, and to pro- 
mote uniformity in arrangement, the act is inserted here 
with other local acts relating to normal schools. The 
laws providing for the establishment of normal schools 
generally will follow. 

The preceding act was regarded as experimental and 
for a term of five years only. At the expiration of the 
term, the institution, still at the time the only one in the 
State, was permanently established by the following act : 



Chap. 318. 

AJST ACT for the permanent establishment of the nor- 
mal school. 

Passed April 12, 1848; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Appropria- Section 1. The Treasurer shall pay, on the warrant of 
erection tne Comptroller, to the order of the State Superintendent 
of normal of Common Schools, from the general fund, a sum not ex- 



Normal Schools. 129 



CHAP. 318. 

ceeding fifteen thousand dollars, to be expended in the 184S - 
erection of a suitable building for the accommodation j^ooi 
of the State normal school for the instruction and prac- Aibanyf a 
tice of teachers of common schools in the science of edu- 
cation and the art of teaching. 

§2. The said building shall be erected, under the di- How to be 
rection of the executive committee of the school, upon erected - 
the ground owned by the State, and lying in the rear of 
the geological rooms. 

§ 3. The said school shall be, as heretofore, under the supervis- 
supervision, management and government of the State age'r^nt" 
Superintendent of Common Schools and the Regents of emmeot" 
the University. The said Superintendent and Regents °f- 
shall, from time to time, make all needful rules and regu- 
lations to fix the number and compensation of teachers 
and others to be employed therein ; to prescribe the pre- 
liminary examination and the terms and conditions on 
which pupils shall be received and instructed therein, the 
number of pupils from the respective counties conform- 
ing as nearly as may be to the ratio of population ; and 
to provide in all things for the good government and 
management of the said school. They shall appoint a 
board consisting of five persons, of whom the said Su- 
perintendent shall be one, who shall constitute an execu- Executive 
tive committee for the care, management and government ^°™ mit " 
of said school, under the rules and regulations prescribed 
as aforesaid, whose duty it shall be, from time to time, to 
make full and detailed reports to the said Superintendent 
and Regents, and among other things, to recommend the 
rules and regulations which they deem necessary and 
proper for the said school. 

§ 4„ The Superintendent and Regents shall annually Annual 
transmit to the legislature a full account of their proceed- repor 
ings, and of the expenditures of money under this and 
previous acts, together with a detailed report of the pro- 
gress, condition and prospects of the school. 

1? 



130 



General Acts Relating to Schools. 



CHAP. 466. 
1866. 



Commis- 
sioners to 
receive 
proposals 
for estab- 
lishment of 
normal 
schools. 



Commis- 
sion can 
accept or 
refuse pro- 
posals. 
Specifica- 
tions in 
proposals. 



Power to 
raise 

money by 
tax or bor- 
row. 



Chap. 4:66. 

AN ACT in regard to normal schools. 

Pabsed April 1, 1866 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The Governor, the Lieutenant-Governor, 
the Secretary of State, the Comptroller, the State 
Treasurer, the Attorney-General and the Superintendent 
of Public Instruction shall constitute a commission to 
receive proposals in writing in regard to the establish- 
ment of normal and training schools for the education 
and discipline of teachers for the common schools of this 
6tate from the board of supervisors of any county in 
this state ; from the corporate authority of any city or 
village ; from the board of trustees of any college or 
academy, and from one or more individuals. Such com- 
mission shall have power to accept or refuse such pro- 
Eosals, but the number accepted shall not exceed four, 
uch proposals shall contain specifications for the purchase 
of lands and the erection thereon of suitable buildings for 
such schools, or, for the appropriation of land and build- 
ings to such use, and also the furnishing of such schools 
with furniture, apparatus, books, and everything necessary 
to their support and management. Such proposals may 
have in view, either the grant and conveyance of such 
land and premises to the state, or the use of the same for 
a limited time, and for the gift to the State of furniture, 
apparatus, books and other things necessary to conduct 
such schools. 

§ 2. If the proposals made by any board of supervis- 
ors, or by the corporate authorities of any city or village, 
shall be accepted, said board or corporate authorities shall 
have power to raise, by tax, and expend the money nec- 
essary to carry the same into effect ; and if in their judg- 
ment it shall be deemed expedient, they shall have power 
to borrow money for such purpose, for any time not exceed- 
ing ten years, and at a rate of interest not exceeding 
seven per cent, and issue the corporate bonds of said 
county, city or village therefor. 



Normal Schools. 131 



§ 3. When the said commission shall have accepted pro- CH i866 466 ' 
posals and determined the location of any one of such c-ommis- 

A */ siohgts to 

schools, and when suitable grounds and buildings have certify ac- 
been set apart and appropriated for such schools, arid all proposals^ 
needful preparations made for opening same in accord- 
ance with the proposals accepted, the commission shall 
certify the same in writing, and then their power under 
this act in relation to such school shall cease, and there- 
upon the superintendent of public instruction shall appoint superin- 
a local board, consisting of not less than three persons, public in- 
who shall respectively hold their offices until removed by to^point 
the concurrent action of the chancellor of the university {^^ 
and the superintendent of public instruction, and who 
shall have the immediate supervision and management of 
such school, subject, however, to his general supervision 
and to his direction in all things pertaining to the schooL 
Such local board shall have power to appoint one of their fiXduties- 
number chairman, and another secretary of the board, ^mif ■ 
Two-thirds of each of said boards shall form a quorum 
for the transaction of business, and in the absence of any 
officer of the board, another member may be appointed 
pro tempore to fill his place and perform his duties. It 
shall be the duty of such board to make and establish, and 
from time to time to alter and amend such rules and regu- 
lations for the government of such schools under their 
charge respectively, as they shall deem best, which shall 
be subject to the approval of the superintendent of pub- 
lic instruction. They shall also severally transmit through f^^^ 
him, and subject to his approval, a report to the legisla- ture. 
ture on the first day of January in each year, showing the 
condition of the school under their charge during the year 
next preceding, and which report shall be in such form, 
and contain such an account of their acts and doings as 
the superintendent shall direct, including, especially, an 
account in detail of their receipts and expenditures, which 
shall be duly verified by the oath or affirmation of their 
chairman and secretary. 

§ 4. It shall be the duty of the local board, subject to Cou 1 rs ° °* 
the approval of the superintendent of public instruction, prescribed 6 
to prescribe the course of study to be pursued in each of 
said schools. It shall be the duty of the superintendent Powers 
of public instruction to determine what number of teach- of d 9 nper1n. 
ers shall be employed in each school, and their wages, tendent - 
whose employment shall also be subject to his approval ; 
to order, in his discretion, that one or more of said schools Selection 
shall be composed exclusively of males, and one or more of pupis ' 



132 General Acts Relating to Schools. 



1866. ' of females ; to decide upon the number of pupils to be 
admitted to each of said schools, and to prescribe the time 
and manner of their selection, but he shall take care in 
such selection to provide that every part of the state shall 
have its proportionate representation in such school, as 
near as may be, according to population ; but if any school 
commissioner district, or any city, shall not, for any cause, 
be fully represented in either of said schools, then the 
superintendent of public instruction may cause the maxi- 
mum number of such pupils to be supplied from any part 
of the state, giving preference, however, to those living in 
the county, city or village where such school is situated. 
Applicants § 5. All applicants shall be subject, before admission, 
amined. to a preliminary examination before such of the teachers 
of the school as shall be designated by the local board for 
that purpose, and those who pass such examination shall 
be admitted to all the privileges of the school, free from 
all charges for tuition or for the use of books or appara- 
Pupiis, tus, but every pupil shall pay for books lost by him, and 
ity and a <tts- f or an J damage of books in his possession ; any pupil may 
missal. De dismissed from the school by the local board for im- 
moral or disorderly conduct, or for neglect or inability to 
perform his duties. 
Diplomas § 6. The superintendent of public instruction shall 
granted, prepare suitable diplomas to be granted to the students of 
such school who shall have completed one or more of the 
To be a cer- courses of study and discipline prescribed ; and a diploma 
qualified signed by him, the chairman and secretary of the local 
tion to board, and the principal of the school, shall be of itself a 
the com- certificate of qualification to teach common schools ; but 
schools. 8uc h diploma may be annulled for the immoral conduct 
Diplomas of its holder, in like manner as provided for the annul- 
MiYuUed. ment of a diploma of state normal school, in title two, 
chapter five hundred and fifty -five of the laws of eighteen 
hundred and sixty-four. The provisions of this section 
6hall be applicable to the Oswego normal training school. 
§ 7. The sum of twelve thousand dollars shall be annu- 
ally, and is hereby appropriated for the support of each 
of said normal and training schools to be organized under 
this act, payable out of the income of the common school 
fund, to be paid by the treasurer, on the warrant of the 
comptroller, upon the certificate of the superintendent of 
public instruction affixed to the proper accounts, verified 
by the oath or affirmation of the local board of each 
school ; but none of the money hereby appropriated shall 



Normal Schools. 133 



CHAP. 466, 



be paid for the purchase of any ground, site or buildings, 
for the use of such schools. 

§ 8. Local boards appointed under this act shall consist Local 
of not more than thirteen persons, and the office of any consist of. 
member of any such local board, which now consists of 
more than thirteen members, is hereby declared vacant; 
and the said superintendent of public instruction shall 
appoint a new local board, and may fill, by appointment, 
all vacancies occurring in said local boards. Until the 
appointment of such new local board, and until a quorum 
of such board shall have entered upon the discharge of 
its duties, and during such time as any local board shall omit 
to discharge its duties, the said superintendent is author- 
ized to discharge the duties of such local board or any of 
its officers; and the acts of said superintendent in the prem- 
ises shall be as valid and binding as if done by a compe- 
tent local board or its officers, or with their co-operation. 

This section added by Laws of 1869, chap, 18. 



State Normal and Training Schools were established 
under the provisions of the foregoing act and special acts, 
as follows : 
• Brockport — Chaps. 21 and 96, Laws of 1867. 

Buffalo— Chap. 583, Laws of 1867. 

Cortland — Chap. 199, Laws of 1867. 

Fredonia — Chap. 223, Laws of 1867. 

Geneseo — Chap. 195, Laws of 1867, and chap. 294, 
Laws of 1871. 

Oswego — Chap. 170, Laws of 1867. 

i'otsdam — Chap. 6, Laws of 1867. 

New Paltz — Chap. 287, Laws of 1885. 

Oneonta — Chap. 374, Laws of 1887. 



134 General Acts Relating to Schools. 



CHAP. 348, 
1880. 



Oliap. 348. 

AN ACT concerning the grounds, buildings and prop- 
erty of the State provided for normal schools, the 
custody, protection and preservation of the same, and 
the powers of local boards in relation thereto. 

Passed May 20, 1880 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Local Section 1. The local boards of managers of the respect- 

have d cus? i ve normal schools in this state shall have the custody, 

Grounds ^ ee P m g an d management of the grounds and buildings 

and build- provided or used for the purposes of such schools, 

respectively, and other property of the state pertaining 

thereto, with power to protect, preserve and improve the 

same. 

willful § 2. Any willful trespass in or upon any of the build- 

trespass ^ n g g or g roun( ] s provided or used for the purposes of any 

.ISL^r of said normal schools or willful injury to any of said 

meuiior* n n 

buildings or grounds, or any trees, fences, fixtures or 
other property thereon pertaining thereto, shall be a mis- 
demeanor, punishable by fine and imprisonment, or either; 
and concurrently with the courts of record, justices of the 
peace, police justices and courts of special sessions, in the 
towns and cities where said schools are situated, shall have 
the same jurisdiction of said offenses as they have in other 
cases of misdemeanors within their jurisdiction, 
special § 3. For the purpose of protecting and preserving such 

maybe 3 * 10 buildings, grounds, and other property, and preventing 
appointed, injuries thereto, and preserving order, preventing dis- 
turbances, and preserving the peace in such buildings and 
upon such grounds, the local boards of managers of each 
of said normal schools shall have power, by resolution or 
otherwise, to appoint, from time to time, one or more 
special policemen, and the same to remove at pleasure, 
who shall be police officers, with the same powers as con- 
stables of the town or city where such school is located, 
whose duty it shall be to preserve order, and prevent dis- 
turbances and breaches of the peace in and about the 
buildings, and on and about the grounds used for said 
school, or pertaining thereto, and protect and preserve the 
Arrest of same from injury, and to arrest any and all persons mak- 
offenders. m ^ an ^ \ ou ^ or unugua i no i SGj causing any disturbance, 



Normal Schools. 135 



committing any breach of the peace, or misdemeanor or i8s£. 
any willful trespass upon such grounds, or in or upon 
said buildings, or any part thereof, and convey such per- 
son or persons so arrested, with a statement of the cause 
of the arrest, before a proper magistrate to be dealt with 
according to law. 

§ 4. This act shall take effect immediately. 



Chap. 116. 

AN ACT authorizing the "boards of the state normal 
schools of this state to insure the buildings and prop- 
erty belonging to said schools for the benefit of the 
state. 

Passed May 2, 1882; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The local boards of the state normal schools insurance 
of this state are each hereby authorized to insure and keep fngs U1 
insured the normal school buildings connected with and 
belonging to said schools at a risk not exceeding seventy- 
five thousand dollars, for the benefit of the state, and to 
pay for said insurance out of any money or moneys appro- 
priated and set apart, from time to time, for the use and 
benefit of said schools by the state of New York. 

§ 2. This act shall take effect immediately. 



136 General Acts Relating to Schools. 



DEAF AND DUMB INSTITUTIONS. 

state The institutions for deaf and dumb, authorized by law 

to receive persons appointed as state pupils therein by 
the superintendent of public instruction under the pro- 
visions of section 9, title 1, chap. 555, Laws of 1864, and 
the special acts relating to the same are : 

New York Institution for the Instruction of the Deaf 
and Dumb — Incorporated by chap. 264, Laws of 1817. 

Institution for the Improved Instruction of Deaf -Mutes 
(Eew York city)— Chap. 180, Laws of 1870. 

Central New York Institution for Deaf-Mutes, at 
Rome, N. Y. — Chap. 13, Laws of 1876, and chap. 355, 
Laws of 1880. 

Western New York Institution for Deaf-Mutes, at 
Rochester — Chap. 331, Laws of 1876. 

St. Joseph's Institute for the Improved Instruction of 
Deaf-Mutes, at Fordham — Chap. 378, Laws of 1877. 

Le Couteulx St. Mary's Institution for the Improved 
Instruction of Deaf-Mutes, at Buffalo — Chap. 670, Laws 
of 1872. 

Northern New York Institution for Deaf-Mutes, at 
Malone — Chap. 275, Laws of 1884. 

High Class est. 

state In addition to the term of appointment of State pupils 

pupils. provided for in section 10, title 1, of the General School 

Act, the superintendent is authorized to appoint pupils to 

the high class in the New York Institution — Chap. 272, 

Laws of 1854, as amended by chap. 58, Laws of 1885. 

Western New York Institution — Chap. 331, Laws of 
1876. 

Central New York Institution — Chap. 355, Laws of 
1880. 



INSTITUTION FOR THE BLIND. 

state The only institution to which the state superintendent 

pupils. .f p n bij c instruction is authorized by law to send indigent 
blind persons, as state pupils, is the New York Institu- 
tion for the Blind. 



Drawing. 137 

To that institution, he can appoint only residents of wL ' 
the counties of New York, Kings, Queens, Suffolk and 
Richmond. 

To be eligible, the applicant, by the provisions of one when 
act, must be between the ages of eight and twenty-five ellglble - 
years; by another, of suitable age. 

The term of such appointments shall not exceed five Term of. 
years, but may be extended from time to time. 

The supervisors of each of the counties of New York, Clothing 
Kings, Queens and Suffolk are required to raise and appro- for pupils * 
priate each year, while such pupils are in said institution, 
fifty dollars for each of said pupils whose parents or 
guardians shall in the opinion of the superintendent of 
public instruction be unable to clothe them, to be applied 
to the furnishing such pupils with a suitable clothing — 
Chap. 555, Laws of 1864, as amended by chap. 615, Laws 
of 1886; chap. 166, Laws of 1870, as amended by chap. 
166, Laws of 1871. 



Chap. 322. 

AN ACT relating to free instruction in drawing. 

Passed May 14, 1875; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. In each of the state normal schools the Drawing 
course of study shall embrace instruction in industrial or flight in 
free hand drawing. normal 

§ 2. The board of education in each city in this state In SC hoois 
shall cause free instruction to be given in industrial or in cities. 
free hand drawing in at least one department of the 
schools under their charge. 

§ 3. The board of education of each union free school in anion 
district incorporated by special act of the legislature, shall dfetr?cts° o1 
cause free instruction to.be given in industrial or free hand state su- 
drawing in the schools under their charge, unless excused en^ma^' 
therefrom by the superintendent of public instruction. f^m 36 

§ 4. This act shall take effect October first, eighteen 
hundred and seventy-five. 
18 



138 General Acts Relating to Schools. 



CHAP. 538. 

1887. 



Memoran- 
dum of 
hiring. 



Chap. 335. 

AN" ACT in relation to the employment and pay of 
teachers in the public schools. 

Passed May 16, 1887 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly } do enact as follows: 

Section 1. From and after the passage of this act, all 
officers or boards of officers who shall employ any teacher 
to teach in any of the public schools of this state shall, at 
the time of such employment, make and deliver to such 
teacher, or cause to be made, and delivered, a memoran- 
dum in writing, signed by said officer, or by the mem- 
bers of said board, or by some person duly authorized by 
said board, to represent them in the premises, in which 
the details of the agreement between the parties, and par- 
ticularly the length of the term of employment, the amount 
of compensation and the time or times when such com- 
pensation shall be due and payable, shall be clearly and 
definitely set forth. But nothing herein contained shall 
be deemed to abridge or otherwise affect the term of 
employment of any teacher now or hereafter employed in 
the public schools, nor to repeal or affect any provision of 
special laws concerning the employment or removal of 
teachers now in force in any particular locality. 
Pay of. § 2. The pay of any teacher employed in the public 

schools of this state shall be due and payable at least as 
often as at the end of each calendar month of the term 
of employment. 

§ 3. This act shall take effect immediately. 



Chap. 538. 

AN ACT in relation to health and decency in the school 
districts of this state. 

Passed June 7, 1887; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 
Water- Section 1. From and after the first clay of September, 

division nd eighteen hundred and eighty-seven, the board of educa- 



Establishment gb Evening Schools. 139 



tion, or the trustee or trustees having supervision over iss7. ' 
any school district of this state, shall provide suitable and-f eDce9t <> 
convenient water-closets or privies for each of the schools structed. 
under their charge, at least two in number, which shall be 
entirely separated each from the other and having separate 
means of access, and the approaches thereto shall be sepa- 
rated by a substantial close fence not less than seven feet 
in height. It shall be the duty of the officers aforesaid to 
keep the same in a clean and wholesome condition, and a 
failure to comply with the provisions of this act on the 
part of the trustees shall be sufficient grounds for removal 
from office, and for withholding from the district any 
share of the public moneys of the state. Any expense Tax for. 
incurred by the trustees aforesaid in carrying out the 
requirements of this act shall be a charge upon the dis- 
trict, when such expense shall have been approved by the 
school commissioner of the district within which the 
school district is located ; and a tax may be levied there- 
for without a vote of the district. 



Chap. 540. 

AN ACT to provide for the establishment of evening 
schools for free instruction in industrial drawing. 

Passed June 7, 1887; three-fifths being present. 

The People of the State of New York, represented in 
Senate ana Assembly, do enact as follows : 

Section 1. The board of education, or other body hav- Evening 
ing supervision of the public schools in any city or union fndust?ia°i r 
free school district in this state, is hereby authorized to drawing, 
establish and maintain evening schools for free instruction 
in industrial drawing, whenever the city authorities in any 
city or the qualified electors duly convened in any union 
free school district shall so direct, and shall make provision 
for the maintenance of such schools. In addition to the 
powers now conferred by law upon the authorities of any 
city, or upon the electors of an}^ union free school district 
in the state, such authorities and such electors shall also 
have power, whenever they shall think it advisable, to 
raise such moneys as shall be necessary to carry out the 
purposes of this act. 

§ 2. This act shall take effect immediately. 



140 Genekal Acts Relating to Schools. 



CHAP. 672. 
1387. 



Chap. 672. 

AN ACT to provide for the distribution of the Code of 
Public Instruction to the several school districts of the 
state, and making appropriation therefor. 

Passed June 24, 1887. 

Tlie People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

code of Section 1. The state superintendent of public instruc- 

struction 1 " ^ on * s hereby directed to deliver or cause to be delivered 
Jip w to be one copy of the Code of Public Instruction, the amended 
and annotated edition of eighteen hundred and eighty- 
seven, substantially bound in law sheep, to each of the 
To be the several school districts of the state. The copies of said 
the district Code so distributed shall be the property of the several 
school districts receiving the same, and there shall be 
plainly inscribed on the outside of the cover of each book 
the following words, namely : This Code is the property 
of school district number , town of , 

county of ; the blank spaces being filled in by 

the number of the district and the names of the town 
and county where said book shall belong. 
Trustees § 2. The trustees of each school district are hereby made 
custodians the clls t dians of the Code of Public Instruction belong- 
ing to such school district, and shall deliver the same to 
in case of their successor or successors in office. And in case such 
replaced! copy of said Code shall have been lost or destroyed through 
or by means of the fault or negligence of the trustees, the 
trustees so permitting the same to be lost or destroyed 
shall, at their own expense, procure a copy of the latest 
edition of the Code of Public Instruction and deliver the 
same to their successor or successors in office in lieu of 
the copy so lost or destroyed. 
Penalty § 3. Every trustee who fails to comply with the pro- 

oTt/ustees visions of the foregoing section shall forfeit the sum of 
to comply, twenty-five dollars. This penalty shall be sued for by the 
trustees of the district and shall be used in the purchase 
of books for the district library, but the state superintend- 
Appiica- ent of public instruction .may, upon the application in 
moneys re- writing of the trustees of the district, indorsed by the 
cei naities r scno °l commissioner of that commissioner district, direct 
that it be applied toward the payment of teachers' wages. 



Erection of School-houses. . 141 



§ 4. The sum of eighteen thousand dollars, or so much issH. 
thereof as may be necessary, is hereby appropriated out Appropria- 
of any moneys not otherwise appropriated, to defray the 
expense of carrying out the provisions of this act, which 
shall be paid by the treasurer, on the warrant of the 
comptroller, upon vouchers approved by said superin- 
tendent. 

§ 5. This act shall take effect immediately. 



Chap. 675. 

AN ACT to provide plans and specifications for the 
use of trustees in the erection of school-houses, and 
making an appropriation therefor. 

Passed June 24, 1887. 

The People of the State of Neiv York, represented in Senate 
and Assembly, do enact as follows : 

Section 1. The state superintendent of public' instruc- Plana for 
tion is hereby authorized and directed to procure archi- Swings- 
tect's plans and specifications for a series of school build- 
ings, to cost sums ranging from six hundred to ten 
thousand dollars, together with full detail working plans 
and directions for the erection of the same. After pro- 
curing said plans and specifications, he shall accompany 
the same with blank forms for builders' contracts and 
with suggestions in relation to the preparation of the 
grounds and the arrangement of the building with regard 
to lighting, heating, ventilating and the health and con- 
venience of teachers and pupils, and then publish theArrange- 
whole in convenient form for distribution to trustees and p'llns^etc. 
others having use for the same. 

§ 2. The sum of two thousand five hundred dollars, or Appropria- 
so much thereof as may be necessary, payable out of the tion for - 
free school fund, is hereby appropriated for carrying out 
the purposes of this act. 

§ 3. This act shall take effect immediately. 



142 . General Acts Relating to Schools. 



CHAP. 710. 
1887. 



Olaap. 710- 

AN ACT to amend chapter five hundred and eighty-eight 
of the laws of eighteen hundred and eighty -six, entitled 
"An act to provide for and define the public or legis- 
lative printing." 

Passed June 25, 1887 ; three-fifths being present. 

TJie People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. * * * * *. * 

§ 2. Section eight of chapter five hundred and eighty- 
eight of the laws of eighteen hundred and eighty-six is 
hereby amended so as to read as follows : 

§ 8. In addition to the usual number of regular reports 
made by the state officers and institutions, there shall be 
printed as extra copies of legislative documents for the 
use of the respective departments, institutions and boards : 
* * * of the report of the superintend- 

ent of public instruction, fifteen thousand copies, all bound 
in cloth, to be distributed by that officer as follows : eleven 
thousand three hundred copies for the school districts of 
the state, being one copy for each school district; nine 
hundred copies to school commissioners and city superin- 
tendents of schools ; two hundred copies to the state nor- 
mal and training schools ; three hundred copies to acade- 
mies and high schools ; one thousand copies to members 
and officers of the legislature and state officers ; one thou- 
sand copies for the use of the state superintendent of pub- 
lic instruction; also, three hundred copies printed on 
forty -four pound calendered paper and bound in leather, 
for exchange with the superintendents of public instruc- 
tion of the states and territories, and for distribution 
among public libraries. * * * * 



APPEALS. 



EULES OF PRACTICE. 

STATE OF NEW YORK, J 

Department of Public Instruction, V 
Albany, K Y., July 15, 1887. ) 

Pursuant to the authority conferred by section 2, title 
12, chapter 555, Laws of 1864, the state superintendent 
has established the following rules to regulate the practice 
in appeals : 

1. An appeal must be in writing, addressed " To the 
superintendent of public instruction," and signed by the 
appellant. When made by the trustees of a district, it 
must be signed by all the trustees, or a reason must be 
given for the omission of any, verified by the oath of the 
appellant, or of some person acquainted with such reason. 

2. A copy of the appeal, and of all the statements, maps 
and papers intended to be presented in support of it, with 
the affidavit in verification of the same, must be served 
on the officer or officers whose act or decision is com- 
plained of, or some of them ; or if it be from the decision 
or proceeding of a district meeting, upon the district clerk 
or one of the trustees, whose duty it is to cause informa- 
tion of such appeal to be given to the inhabitants who 
voted for the decision or proceeding appealed from. Im- 
mediately after the service of such copy, the original, 
together with an affidavit proving the service of a copy 
thereof, and stating the time and manner of the service 
and the name and official character of the person upon 
whom such service was made, must be transmitted to the 
department of public instruction at Albany. If an answer 
is received to an appeal which has not been transmitted 
to the department, such appeal will be dismissed. 

3. Such service must be made by delivering a copy of 
the appeal to the party to be served, personally, or in case 
he cannot be found in the commissioner district in which 
he resides, after due diligence, by delivering the same at 
his residence to some person of suitable age and discre- 
tion, between six o'clock in the morning and nine o'clock 
in the evening. 



144 Appeals — Rules of Practice. 

4. After such service, the original must be sent to the 
department of public instruction within thirty days after 
the making of the decision or the' performance of the act 
complained of, or within that time after the knowledge 
of the cause of complaint came to the appellant, or some 
satisfactory excuse must be rendered, in the appeal, for 
the delay. 

5. The party on whom the appeal was served must, 
within ten days from the time of such service, answer the 
same, either by concurring in a statement of facts with the 
appellant, or by a separate answer. Such statement and 
answer must be signed by all the trustees or other officers 
whose act, omission or decision is appealed from, or a 
good reason on oath must be given for the omission of 
the signature of any of them. Such answer must be 
verified by oath, and a copy served on the appellants, or 
eome one of them. 

6. So far as the parties concur in a statement, no oath 
will be required to it. But all facts, maps or papers, not 
agreed upon by them and evidenced by their signature on 
both sides, must be verified by oath. 

7. All oaths required by these regulations may be taken 
before any person authorized to take the acknowledg- 
ment of deeds, or to take affidavits. 

8. A copy of the answer, and of all the statements, 
maps and papers intended to be presented in support of 
it, must be served upon the appellants, or some one of 
them, within ten days after service of a copy of the 
appeal, unless further time be given by the state super- 
intendent, on application, in special cases; but no repli- 
cation or rejoinder shall be allowed, except by permission 
of the state superintendent; in which case such replication 
and rejoinder shall be duly verified by oath, and copies 
thereof served on the opposite party. 

9. Proof of service of copies of the appeal, answer and 
"~ all other papers intended to be used on the hearing of 

the appeal, in the manner prescribed by rule 3, must, in 
all cases, accompany the same ; and when the service is 
other than personal, the affidavit of service must state 
facts showing due diligence in the effort to obtain per- 
sonal service. 

10. When any proceeding of a district meeting is 
appealed from, and when the inhabitants of a district ■ 
generally are interested in the matter of the appeal, had 
in all cases where an inhabitant might be an appellant 



Appeals — Rules of Pbactice. 145 

the decision or proceeding been the opposite of that 
which was made or had, any one or more of such inhabi- 
tants may answer the appeal, with or without the trus- 
tees. 

11. Where the appeal has relation to the alteration or 
formation of a school district, it must be accompanied by 
a map, exhibiting the site of the school-house, the roads, 
the old and new lines of districts, the different lots, the 
particular location and distance from the school-houses of 
the persons aggrieved, and their relative distance, if there 
are two or more school-houses in question. Also, a list 
of all the taxable inhabitants in the district or territory 
to be affected by the question, showing in separate col- 
umns the valuation of their property, taken from the 
last assessment-roll, and the number of children between 
five and twenty-one belonging to each person, distin- 
guishing the districts to which they respectively belong. • 

12. An appeal of itself does not stay proceedings. If 
the party desires such stay, he should apply for it by peti- 
tion duly verified. The superintendent will grant a stay, 
or not, as in his judgment it may be proper, or may sub- 
serve the interests of either party or the public ; and may 
direct a copy of the petition to be served on the opposite 
party, and a hearing of both sides" before deciding upon 
the application. 

13. When a party, appellant or respondent, appears in 
person, his name and post-office address must be plainly 
indorsed upon each paper filed on such appeal in the 
department. When a party appears by an attorney, the 
name and post-office address of the attorney must be so 
indorsed. 

14. The decision of the superintendent in every case 
will contain the order or directions necessary and proper 
for giving effect to his decisions. 

15. A certified copy of the decision, npon the appeal 
will be forwarded by the superintendent to the clerk of 
the school district in which the appeal arose, whose duty 
it will be to file the same in his office as a public record. 

Note. — In the papers filed in the department, upon an 
appeal, the superintendent wants facts, not arguments or 
inferences, much less injurious imputations on the motives 
of parties. 

The facts should be distinctly averred, so that an indict- 
ment for perjury would lie if they are willfully misstated. 
Therefore, they should not be stated bv way of recital 
19 



146 Appeals — Rules of Practice. 

under a " whereas," or in any similar indirect way. Every 
material fact should be stated with all practicable particu- 
larity as to time, quantities, numbers, etc. Where a 
statement is ambiguous or doubtful in meaning, that con- 
struction is adopted which is most imfavorable to the 
party making it. The appellant should make out his 
own case, so that if no answer is put in, the superintend- 
ent will have, in the appeal itself \ all the facts to inform 
him what order ought to be* made. ~No decision can be 
based upon any facts except those which are stated in the 
appeal, and which the opposite party has had the oppor- 
tunity to controvert, although such facts may have been 
brought to the knowledge of the superintendent in some 
other way. The record itself must contain enough to 
support the decision. 

In the bringing and answering of appeals it is recom- 
mended that the matters be written upon paper ruled as 
paper is ruled for legal pleadings. Such paper is kept by 
all stationers and booksellers, and is known as law paper 
or legal cap. The several sheets should be written, as 
lawyers write their papers, on both sides, so that the 
bottom of the first page is the top of the second, and the 
sheets fastened with tape, or attached by mucilage, at the 
ends and not at the sides. Manuscript arranged in this 
fashion is more easily handled, folded and filed. The 
papers should be smoothly folded and indorsed with the 
title of the case, briefly stating the substance of the appeal 
or answer, with the names of the parties or attorneys, their 
post-office address and the district, town and county 
affected. 




State Superintendent of Public Instruction* 



INDEX 

[Eefers to pages.] 



Academies J Page. 

Regents to supervise certain instructions in „ 121 

Regents' certificate of qualification to scholars, effect of. ... „ 121 

Academical Department. 

In Union Free School Districts 69-72 

Teachers' classes in, subject to visitation by school commissioners „ . 121 

Actions by and against School, Officers. 
Expensesof ... 34,78,79, 80 

Acquisition of School- House Sites. 

Proceedings for , 90-97 

Trustees may purchase or lease sites 44 

Affidavits. 
When school commissioners may take 11 

Albany. 
Normal School, acts establishing „ 127, 128, 129 

Alcoholic Drinks. 
Effects of, to be taught , 123 

Alteration of School Districts. 
(See School Districts.) 
American Museum of Natural History (New York City). 
State superintendent authorized to contract with, for instruction of 

teachers „ 124-125 

State superintendent authorized to contract with, for artisans, etc 125 

Instruction to be given in anatomy, physiology, zoology, physical ge- 
ography, etc , ... 124 

Annual Reports. 

State superintendent to legislature 3, 18 

Printing and distribution of superintendent's report 142 

School commissioners to State superintendent 11 

Trustees to school commissioners , 48, 75, 88 

Supervisors to county treasurer 24 

Trustees at annual district meeting 47, 48 

Collector at annual district meeting 57 

Boards of education in union free school districts to school commissioners 72 
Boards of education of any city or village of 6,000 inhabitants, who have 

contracted to teach children of - an adjoining district 110, 111 

Annulment of School Districts. 
(See School Districts.) 



148 Index. 

Annulment of Teachers' Certificates. Page. 

By State superintendent 5 

By school commissioners . 10 

Apparatus for Schools. 

Trustees may purchase, when ,...». 46 

Inhabitants may vote a tax for „ . L 84 

Appeals. 

How taken. . „ „...,. 76 

Rules governing . . . . . 148 

Testimony may be taken by school commissioners 11 

Superintendents' powers and duties ......... 76, 77 

Decision of, effect of . . 76, 77 

Apportionment of School Moneys. 

By State superintendent 13, 15, 16 

May be reclaimed 16 

By school commissioners 20, 21, 22 

Errors in, how corrected 22 

Districts entitled to 22 

Orphan asylum schools 83 

Indian schools 14, 81 

Equitable allowance to districts by State superintendent 15 

Assessment. 

Of property for school district taxes 50, 51, 53 

Of railroads.... 98, 117, 118 

Of bank stock , . . ; 51, 88 

Of banks 88 

Of telegraph, telephone and pipe lines , , 98 

Of real estate 51 

Of personal property. 51 

Of lands in the forest preserve 125 

Assessors. 

Duty of, in relation to taxation of corporations 98, 117, 118 

Duty in relation to forest lands 125, 6 

Asylums. 

For blind 2,8,136, 137 

pupils to, appointed by State superintendent 3 

For deaf and dumb 2, 3, 136, 137 

pupils to, appointed by State superintendent 3 

For idiots 2 

State superintendent as trustee of 2 

Orphan, schools of, to share in public moneys 83 

" " subject to same regulations as common schools 83 

Aggregate Attendance. 

How ascertained .21, 75 

Banking Corporations. 

Taxable 51, 88, 89, 90 

Bank Stock. 

To be assessed .• 51, 88 

Blanks, etc. 

Superintendent will furnish 6 



Index. 149 

Blind, Institutions fob the. Page. 

Visitation by State superintendent. . . . ? 2, 3 

Stat3 pupils, how admitted 3 

Admission of State pupils regulated 3, 4 

Support of State pupils 4, 136, 137 

Term of State pupils , 4, 136 

Boards op Education. 

In union free school districts, powers of 68 

In cities of less than 30,000 inhabitants, how to acquire building sites. ... 96 

May contract for education of children of adjoining district. 110 

Members of, number may be changed 82 

Bonds. 

By supervisors „ , . .22, 23 

By collectors 34,39,55, 56 

Collector's bonds to be filed ...... 56 

Fees for filing , 56 

For building school-houses and purchase of sites 37, 67 

Books for Records. 

Trustees may purchase, when „.„.„' „■. . 46 

Boundaries op School Districts. 

School commissioners, duty to describe definitely.. „ „8, 9, 27, 28 

To be filed with town clerks . „ „ . „ „ „ „ „8, 9, 27 

Alteration of ' .„.<,.... .27, 28 

Census, School. 
(See Enumeration.) 
Certificates op Qualification to Teach, 

Granted by State superintendent 5 

Granted by school commissioners 10 

State superintendent may annul 5 

School commissioner may annul 10 

Regents' testimonial to scholars in academies and academical departments 
of Union schools , 121, 122 

Chairman. 

Of district meetings, how chosen 33 

Of neighborhood meetings, how chosen 33 

Union Free School districts " 63 

Challenge. 

Who can offer 33, 113 

Proceedings upon 33, 113 

Chamberlain of the City op New York. 
State school moneys payable to , 16 

Cities. 

Apportionment of public moneys to.. 13, 14 

Local tax for support of schools. 82 

Boards of education in, may contract with trustees of adjoining school 

districts to educate the children of the district 110 

Common councils of, to report trusts 17, 18 

Of less than 30,000 inhabitants, how building sites may be acquired 96 

Certain cities not to be included in commissioner districts ., , - 122 

Clerks of Boards of Supervisors. 
State school tax, duty regarding 12 



150 Index. 

Clerks in State Superintendent's Office. Page. 

Appointment of , ..,.;...... 2 

Clerks of School Districts. 

How chosen.. . . ......... „ . . , „ , , . , „ 33 ; 40 

Qualifications of ........,..........<..„„.. „ ... . 38 

Term of... -...'......,. . P . ..... ..38, 40 

Trustees may appoint, when 40 

Vacates his office, when . . 39, 40 

Penalty for refusal to serve, or neglect in office „ 40 

Duties of 29, 30, 31, 32, 39, 40, 41, 42, 113, 114 

Resignation of 40 

Vacancy, how filled 40 

State superintendent may remove, when 6 

Code of Public Instruction. 

Provision for its distribution 141 

Collector of School District. 

How chosen. 33 

Qualifications necessary 38 

Term of 38, 40 

Bond of 34, 55, 56 

Bond to be filed. „ 56 

Fee for filing , 56 

Vacates, when 39 

Resignation of 40 

Vacancies, how filled 40 

Duties of 53, 54, 56, 57 

Fees of 56 

State superintendent may remove, when c 6 

Amount of unpaid taxes payable to 54 

Colored Children. 

Schools for 73 

Schools for, in New York city "........ 123 

COMPTROLLER; 

State school moneys, withheld by 12 

Commissioner. 
(See School Commissioner.) 

Common School Fund. 

What constitutes 11 , 12, 13 

How apportioned 13, 14, 15, 16, 20, 21 

Error in apportionment may be corrected 16 

Payable when, and to whom 16 

Common Schools. 

(See Schools.) 

Compulsory Education. 

Act in relation to 104,105,106,107, 108 

Condemnation of School Buildings. 

Commissioner alone has power 9 

Contingent Fund. 

Apportionment to 14 

Equitable allowance payable from 15 

Contracts. 

With teachers 138 



Index. 151 

Cornell University. Page. 

State 'Superintendent a trustee of „ ■•.•„ . . „ . 2 

State scholarships to, law governing. . . .99, 100, 101 

Duty of school commissioners, relative to scholarships. 99, 100 

Sons of soldiers and sailors to have preference in scholarships 101 

County Clerk. 

School commissioner's election or appointment to be certified by 7 

To give notice of a vacancy in the office of school commissioner 7 

Trustees' reports to be kept by 11 

County Judge. 

May appoint school commissioner to fill vacancy 7 

May appoint persons to receive and disburse public moneys 23 

To hear and decide appeals concerning trustees' costs and expenses. . . .79, 80 

Deaf and Dumb, Institutions for. 

"Visitations by State superintendent 2, 3 

State pupils, how admitted. ■. 3, 4. 

Admission of, regulated. 3, 4 

Support of. 4 

Terms of instruction . 4 

Acts, relating to . . 136 

High class in, superintendent may appoint to 136 

Decision of Appeals. 

By State superintendent when final w 76 

Effect of 77 

Delaware and Hudson Canal Company. 

Relative to taxation of property of .....* 117, 118 

Deputy State Superintendent. 

Appointment of . . „ ................ ............. ............ 2 

Dictionaries. 

Trustees may purchase, when 46 

Diplomas. 

Of normal schools. 42 

How annulled 5, 10 

Record of, in State Superintendent's office 5, 6 

District Attorneys. 

To report to boards of supervisors 19 

Embezzlement by, a misdemeanor 19 

District Clerk. 
(See Clerks of School Districts.) 

Districts. 

School commissioner's, what are 6 

Common school, how formed 8, 9, 27, 28, 29, 30 

Neighborhood, how formed 30 

Joint districts 27, 28 

Apportionment of public moneys to , 14, 15, 16, 22 

Alteration of 6, 27, 28 

Consolidation of 29 

Annulment of , 29 

Dissolution of , . . c 28, 29 

Disturbing Schools or Meetings. 

Penalty for „ 78 



152 Index. 

Drawing. Page . 

To be tauglit in normal schools, union schools, schools in cities, and in 

free school districts incorporated by special act . . . 137 

Industrial drawing, evening schools for ,. 139 

Election op Officers. 

Of State superintendent , 1 

Of school commissioners , Q 

Of boards of education 63, 64, 112 

Of district officers 33, 33' 39 

Of district officers in districts having more than 300 children of school 

age ....112,113, 114 

In union free school districts 63, 64, 65 

Superintendent may order , 114 

Enumeration. 

Of children of school age 49 

Equalization. 

Of valuations in districts composed of parts of two or more towns 52 

Examinations. 

For teacher's certificates 5, 10, 121, 122, 123 

For State certificates 5 ; 123 

By school commissioners of schools, etc. 9, 123 

Fees. 

For filing collector's bonds ' 56 

Fences. 

On school lots to be built 138 

Free School Fund. 

Condition of, to be reported to State Superintendent . . 12 

How disbursed 12 

Fines and Penalties. 

School commissioner, when liable 8, 77 

Supervisor 23, 24 

Trustee 40, 48, 48, 50, 59, 61, 77 

Collector 57 

Clerk 29, 30, 41, 77 

Librarian 59 

Inhabitant • „ 31, 33, 40, 60, 61, 78 

Other officers or persons 19, 33, 60, 61, 7S, 106, 108, 111, 113 

When officer whose duty to sue, neglects. . . . 77 

How paid and apportioned 18 

Forest Lands. 

Taxation of ,„ 125, 126 

Formation and Alteration of School Districts. 
(See School Districts.) 

Fuel, etc. 

District meeting to vote tax for 34 

When trustee may provide . 46 

General School Laws. 

Consolidated act of 1864, as amended „ 1 to 82 

Orphan asylums, public moneys for education of S3 

Money for teacher's wages to be collected by tax and not by rate bill .... 82 
Boards of supervisors may authorize trustees and boards, of education to 

sell or exchange real estate 82 



Index. 153 

General School Laws — Continued. Page. 

Boards of supervisors may increase or diminish, the number of trustees, . . 82 

Idle and truant children, care of .83, 84, 85 

Indians, education of 85, 86, 87 

Vaccination of school children 87, 88 

Taxation of bank stockholders and the surplus fund of savings 

banks 88, 89, 90 

Sites, to acquire title for 90, 91, 92, 93, 94, 95, 96, 97 

Taxation, of property of railroad and other companies 98 

Cornell University, State scholars to 99, 100, 101 

Holidays, what are . 108, 109, 110 

Nautical school, establishment of ." 102, 103 

Education, to secure to children the benefits of .104, 105, 106, 107, 108 

Union Free School Districts : 

number of trustees in, may be increased or diminished 82 

may sell or exchange real estate 82 

District trustees may contract with cities and villages for the education of 

children . : 110, 111 

Text-books, to prevent frequent changes of .111, 112 

Officers, election of, in districts having°over 300 children 112, 113, 114 

Women eligible to serve as school officers 114 

Union Free school districts, providing for dissolution of 115, 116, 117 

Delaware & Hudson Canal Co., how property shall be assessed and appor- 
tioned to school districts 117, 118 

United States Deposit Fund, provides for deficiency 118 

Boards of supervisors, powers of local legislation conferred, etc 119 

Eailroad companies, to facilitate collection of taxes from 119, 120 

Academies and academical departments in Union schools 121, 122 

School commissioner districts, boards of supervisors may divide 122 

Physiology and Hygiene. 

Instruction in, to be given . 123 

Candidates for teachers' certificates must pass examination in 123 

Colored Schools in New York City. 

To be known as ward schools 123 

Open to pupils without regard to race or color 123 

Non-Resident, Tax Payers.. 
Taxes paid in district to be deducted from charge for tuition 124 

American Museum of Natural History. 

Appropriation for 125 

State superintendent authorized to contract with for instruction of teachers, 124 
For instruction of artisans, etc 125 

Forest Preserve. 
Taxation of lands in - 125, 126 

Normal Schools. 

Acts for establishment of, at Albany .... 127, 128, 129 

Acts for establishment of 130, 131, 132, 133 

Protection of property of 134, 135 

Insurance of buildings .. . . „ » 135 

Industrial and free-hand drawing to be taught in „ 137 

Deaf and Dumb Institutions. 

Reference to acts 136 

High, classes in .....<, „..„ 136 

20 



154 Index. 

General School Laws — Continued. 

Drawing. Page, 

Providing for instruction in, Normal schools, Union schools, schools in 

cities and district schools established under special acts. 137 

Evening schools may he established for instruction in 139 

Teachers, employment and pay of < 138 

Health and decency in schools .'...., 138 

Code of Public Instruction. 

Appropriation and provision for its distribution 140, 141 

Plans, for the erection of school buildings 141 

Report of the Superintendent of Public Instruction. 

Provision for printing - 142 

Instruction for the Blind. 

Indigent blind, how cared for. . .136, 137 

Globes, etc. 

District meeting may vote tax for , 34 

Trustees may purchase, when . . . . , 46 

Library money used for, when 58 

Gospel and School Lots. 

Supervisors, trustees of 23 

Eeport of 17 

Holidays. 

What are 14, 108, 109 110 

Included in school year 14 

Falling on Sunday, Monday to be observed 108, 109 

Hygiene and Physiology. 

Providing for study of 123 

Idle and Truant Children. 

Act relating to care and instruction of 83, 84, 85 

How persons may be relieved from care of 106, 107 

Provision of " Compulsory Education Act," relative to 107 

Idiots. 

(See Asylum for.) 
Illegal Voting at School District Meetings. 

How prevented 33, 113 

Penalty for 33, 113 

Indians. 

Apportionment for 14, 81, 86 

State superintendent has charge of 2, 85, 86, 87 

Education of 85, 86 

Inhabitants. 
Who are taxable . » 52 

Institutes. 
(See Teachers' Institutes.) 

Insurance. 

Of district school buildings, etc 34, 44, 45 

Of district libraries 45 

Of Normal school buildings 135 

Moneys applied to libraries 59 



Lntdex. 155 

Installments. Page 

When tax may be collected by 36 

When in Union Free School district 67 

Joint Districts. 

How to be formed 27, 28 

Alteration or dissolution of 28, 29 

How to be numbered 27 

Lands for School Sites. 
(See Sites.) 
Justices op the Peace. 

Duty of, in relation to truant children , . . . 83, 84 

Fees of, relative to truant children 85 

Jurisdiction of, under compulsory education act 108 

Legislature. 

To regulate trusts for benefit of schools 17 

May alter or modify school commissioner districts 6 

Librarian. 

How chosen 33 

Qualification of . . . . 33 

Term of /.'...„.. 38, 40 

Duty of 41, 59 

Resignation of , 40 

Vacancies how filled ... 40 

Libraries. 

State superintendent has supervision over 60, 61 

Public moneys for. 14, 58 

School commissioners to apportion moneys for 20 

Trustees have custody of 59 

Books lost or injured 59 

District meetings may vote a tax for 34, 58 

Districts may unite 59, 60 

Division of joint 60 

Regulations of 60 

Fines and penalties, etc., to be used for 59 

When moneys apportioned for may be used for teachers' wages 46, 59 

Trustees may insure when ... 45 

Book case for „ 58 

License to Teach. 

By State superintendent . ... 5 

By school commissioners . . 10 

By regents' testimonial 121, 122 

Annulment of .5, 10 

Maps, etc. 

Trustees may purchase, when 46 

District meeting may vote tax for 34 

When library money may be applied to purchase of 58, 59 

Meetings, Annual. 

In school districts 31, 32 

powers of . . . .31-35, 38, 39, 58 

In neighborhoods 31 

powers of 33 

In Union Free School districts ... 69 

powers of 70 

Board of education in Union Free School districts 66 

powers of 68, 69 



156 Index. 

Meetings, Special. Page. 

Trustees to call, when 10, 31 

Notice to be given 31, 41 

School commissioners may call, when 30 

Form of notice 31 

Neighborhoods 31 

Trustees to call . 31 

Notice to be given 31 

Union Free School districts 66, 69, 70 

In dissolved districts 29 

Misdemeanors. 

School commissioner acting as agent for publisher, etc 8 

Embezzlement by district attorney or other officer 19, 23 

Embezzlement by supervisor 23, 24 

Refusal by supervisor to give security 23 

False declaration by person offering to vote 33 

Trustees paying unqualified teacher's wages . . 43 

Trustees signing f aise report to the school commissioner 50 

Narcotics. 
Effects of, to be taught 123 

Nautical School (New York City). 

Act relative to : 102, 103 

Neighborhoods. 

Apportionment of public moneys to 15, 21 

Formation and alteration of 30 

Annual meetings 31, 32 

Special meetings = 31 

Power of voters at meetings ■ 32, 33 

Clerk of 33, 38, 39, 41, 42 

Report to school commissioner , 50 

Penalty for signing false report ' 50 

Non-Residents. 

Lands of, how assessed. ........ . . , 51, 53 

Bank stock of, how assessed , 51 

Children may attend school on terms 42, 68 

Taxes paid by, to be deducted from charge for tuition. 42, 124 

Non-Residents, Lands op. 
Taxable 51, 53 

Normal Schools. 

Power of State superintendent over 2 

Diplomas of, constitute holder a qualified teacher 42 

Diplomas may be annulled 5, 10 

List kept in State superintendent's office of holders of diplomas 5 

Protection of property of 134, 135 

Albany, act for its establishment . 127, 128 

Albany, act for its permanent establishment , 128, 129 

Oiher, acts providing for 130, 131, 132, 133 

Protection of property of 134, 135 

Insurance of buildings 135 

Industrial drawing to be taught in. 137 

Nuisances, 

School commissioners may direct trustees to abate 9 

Trustees to abate, when 46 



Index. 157 

OATH. p age . 

Scliool commissioner may administer, when . 11 

On challenge at school district meeting.. 33, 113 

Teacher's, to school record ...,.....; 47 

Officers . 

(See Election of.) 

Orders. 

For teachers' wages 45, 46 

Orphan Asylums. 

(See Asylums.) 

Overseers of Poor. 

Duty of, in relation to truant children 84 

Outbuildings. 

Trustees may erect, when „ .46, 138, 139 

Expenses of, how paid , , 139 

School commissioners may direct repair of ....... 9 

Parent. 

When entitled to vote 32 

Physiology and Hygiene. 

Providing for study of 123 

Plans for School Buildings. 

Superintendent to furnish 141 

Police Justices. 

(See Justices of the Peace.) 

Population. 

Public moneys apportioned according to 15 

Privies. 

Trustees must construct ... 138 

Property. 

Of districts, held by trustees 43, 59 

Of consolidated districts „ 29 

Of annulled and dissolved districts 29 

What is taxable ■ 51, 53 

Railroad property 97, 98, 117, 118, 119, 120 

Telegraph, telephone and pipe line companies , 98 

Board of Supervisors may authorize sale of district property 82 

Held in trust 17, 43 

Public Moneys. 

For State superintendent's salary 2 

For compensation of clerks in State superintendent's office 2 

For support of State pupils in asylums 4 

For salaries of school commissioners 7, 8, 118 

For support of common schools 11, 12 

For teachers' institutes 75, 76 

For orphan asylum schools 83 

For Indian schools 85, 86, 81 

Pupils. 

Who are eligible to be in common schools 42 

Indian 42 

Non-resident, when may be 42, 68 

In deaf and dumb asylums 3, 4, 136 

In blind asylums *..... 3, 4, 136 

Trustees to report number of 49 

Trustees to enumerate 49 



158 Index. 

Qualifications op. • Page. 

Voters , 32, 33 

District officers 38 

Teachers 42, 43, 121, 122, 123 

Pupils , 42 

Pupils iu asylums 3, 4, 136, 137 

Bailroad Companies. 

Property of, how apportioned 98 

Notice to be given to . 56, 119, 120 

Taxes against, how collected 119, 120 

Delaware & Hudson Canal Co.'s property, apportionment of 117, 118 

Rate Bills. 

Abolished 82 

Relationship. 

Employment of teachers, affected by 45 

Bemovals From Office. 

State superintendent may 6, 72 

Boards of education in union free school districts 69 

Becords, Teacher's. 

Of scholars 43, 47 

Verification of ■ 47 

Eepairs. 

School commissioners may direct 9 

Trustees may make, when. 44,- 46, 138 

Beport. 

By State superintendent 3, 5, 18 

By school commissioners 11, 76 

By trustees to district meetings , 47 

By trustees to school commissioners 48, 49 

By collectors 57 

By boards of education of union free school districts 69, 72 

Of libraries, by trustees 61 

Neglect or refusal by trustee to report as to libraries, penalty for 61 

False, penalty for 48, 49, 50 

School districts and cities whose officers neglect to report, effect on 14 

Supervisors 17, 18, 24 

Residence. 

Of district officers 38 

Besignation. 

Of school commissioners 7 

Of district officers 

Booms. 

Trustee may provide temporary, for schools . 46 

Bules of Practice. 

On appeals • • 143 

Salaries. 

Of State superintendent 2 

Of clerks in State superintendent's office . 2 

Of school commissioners : . . . 7, 8, 118 

School Commissioner Districts. 

What are • 6 

How altered. . ' ■• 6, 119 

Commissioners of, how chosen .« 6 

When boards of supervisors may form 122 



Index. 159 

School Commissioners. Page. 

How chosen 6 

Duties and powers of, and sections relating thereto. . 6, 7, 8, 9, 10, 11, 15, 20 

21, 22, 27, 28, 29, 30, 38, 38, 46, 59, 60, 65, 73, 74, 75, 76, 99, 100 

Salaries to be set apart from Free School fund 118 

School Districts with more than Three Hundred Children op 

School Age. 

Act relating to elections in 112, 113, 114 

v School Districts. 

Formation of 27,28, 29 

Alteration of 27, 28 

Consolidation of districts 29 

Annulment of „ 29 

Dissolution of ~ 28, 29 

Joint districts . 27, 28 

Dissolved, exist in law for certain purposes 29 

Boards of supervisors may authorize sale of real estate belonging to .... . 82 

School-Houses. 

Care and custody of , 43, 44 

Use of, other than for schools 47 

When taxable inhabitant exempt from tax for building 53 

How condemned 9, 10 

Building of , 10, 34, 36, 37, 44 

Plans and specifications for , 141 

Plan of, to be approved . „ 36 

Sale of - 37 

Insurance of 34, 44, 45, 135 

Sites for 34, 36, 37, 90-97 

Repairs of 9, 44, 46 

Fuel, etc., for . 34, 46 

Nuisance about, how abated 9, 46 

Outhouses for 46, 138 

Tax for building, may be collected by installments 36, 67 

Money for building, may be borrowed 37, 67 

Lease or purchase of 44 

Schools, Common. 

Visitation of, by State superintendent 4 

State superintendent may appoint visitors to,. 4 

State Superintendent's report of. 5 

Who may attend as pupils „ 42 

Non-resident pupils in, law concerning .42, 124 

Temporary rooms for , 46 

For colored children 73 

State moneys for the support of 11, 12, 13 

Trusts for the benefit of 17 

Teachers of, when qualified V 42, 43, 121, 122, 123 

Teachers, record of 43, 47 

Closed without loss of time, when ... .61, 75 

School, Nautical (New York City)» 

Act relative to ............... 102, 103 

School Officers. 

Removal of ....... .6, 69, 72 

Actions by and against .78,* 79 

Duties of, see Respective Titles, 

School Tax. 
(See Tax.) 



160 Index. 

School Year. Page. 

What constitutes 14 

Sites. 

How designated 34, 36 

Title to, how acquired 44, 90-97 

Tax for purchase of 34, 94 

Change of 37, 82 

Sale of 37, 82 

Sole Trustee. 

(See Trustee.) 

Soldiers and Sailors. 

Sons of, to have preference in Cornell scholarships 101 

Special Meetings. 

(See Meetings.) 
State Certificates. 

Issuance of 5 

Annulment of 5, 10 

State School Moneys. 

Consist of 11, 12, 13 

Apportionment of, by State superintendent 13, 14, 15, 16, 81 

When payable 16 

Apportionment by school commissioner 20, 21, 22 

Disbursement of 24 

Unqualified teachers cannot be paid 43 

Apportionment by trustee .... 45 

Supervisor to report to county treasurer concerning 24 

In apportioning, union free school districts regarded as a school district. . 68 

School closed during institute, no loss of . 75 

Loss of, by school officers ., . 77 

State Superintendent op Public Instruction. 

His office, powers, duties, and sections relating thereto 1, 2, 3, 4, 5, 6 

7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 32, 46, 57, 59, 60, 61, 62, 72, 74, 75 

76, 77, 81, 85, 86, 118 

Report of 142 

State Tax. 

Authority for 11, 12 

Stimulants. 

Effect of, to be taught 123 

Stockholders in Banks. 

Taxation of 51, 88 

Supervisors. 

Powers and duties of, in relation to State school moneys 23, 24, 25 

Reports of, in school matters 18, 24, 25, 47, 48 

To give bonds, when " 22 

Liable for neglect, etc. . 23, 24, 48, 50 

Duty of, in altering, etc., school districts 25, 28 

Sale of property by, in annulled districts 29 

To sue for moneys belonging to dissolved districts 29 

Duties of ". 24 

To sue for penalties 25 

Consent of, necessary to change site 37 

Cannot be - a trustee 38 

In joint districts, to equalize valuation , 52 

When assessors neglect to apportion valuation of railroad companies, 

duty of 98 



Index. 161 

Supervisors, Boards op. Page. 

Salary and expenses of school commissioners ;...... 7, 8 

To levy amount of school district taxes returned unpaid 54 

May authorize districts to increase or diminish number of trustees 82 

Power to divide school commissioner districts, in certain cases 119 

May authorize sale of real estate belonging to school districts 82 

Power to create school commissioner districts, in certain cases 122 

Tax. 

For the support of common schools , 11, 12 

State, how raised „ 11, 12 

For school-house sites, etc .... 34, 58 

For teachers' wages 34, 35, 46, 82 

May be levied by installments, when 36, 67 

List and warrant to collect 44, 50, 51, 52 

Any legal expense, may be raised by 47 

When to be assessed , 50 

Warrant for collection 55 

Upon towns for school commissioner's expense 8 

Notice of, to be given 56 

For building school-houses 10, 34 

For expenses of vaccination 88 

For repairs to library 59 

Unpaid, procedure 53, 54, 55 

When trustees may sue to recover. 57 

In union free school districts 63, 66, 67, 68, 70 

Special acts relating to 88, 89, 90, 98, 119, 120, 125, 126 

Tax List. 

Trustees to make out . . 44, 46, 47 

When to make 50, 51 

Directions for making 51, 52 

Errors in, how corrected 57 

Warrant to 55 

Eeturned, to be filed 58 

Taxable Inhabitants. 

Who are . „ 52 

Powers of „ 58 

Taxable Property. 

What is , 51 

Valuation of 67 

Teachers. 

Who are qualified .42, 43, 121, 122, 123 

Shall keep record of scholars 43, 47 

Employed by 45 

When required to assist in library 61 

Certificates to, how annulled 5, 10 

Examinations of 5, 10, 121, 122^ 123 

Candidates for, must pass examination in physiology and hygiene 123 

Institutes 74, 75 

Wages of 35, 43, 45, 46' 138 

Term of employment by trustees limited 45 

Instruction of, in academies and academical departments of union schools 121 

Contracts with 138 

Teachers' Institutes. 

When to be held 73 

Apportionment for 74 

Eegulations for 74, 75, 76 

21 



162 Index. 

Teachers' Institutes — Continued. Page. 

Schools shall be closed during 74, 75 

Teacher's absence from school attending, excused . 74, 75 

Reports of 76 

Telegraph, Telephone and Pipe-Line Companies. 
Assessment of 98 

Tenants. 

May be taxed „ 52, 53 

May charge owner with amount of tax paid, when 52, 53 

Terms of Office. 

Of State superintendent ... , 1 

Of school commissioner, 7 

Of trustees , 38 

Of district officers 38 

Text Books. 

To prevent frequent changes of „. „ Ill 

For poor children 106 

Boards of education in cities, villages, and union free school districts to 

designate Ill 

Annual meeting to designate in common school districts Ill 

How changed Ill 

Town Clerk. 

Duties of 25, 26, 27, 28 

Fees of 27, 28 

To furnish certain statement 98 

To file returned tax-lists, etc 58 

Treasurer (State). 
Powers and duties of, in relation to school moneys. . . 2, 12, 13 

Treasurer (County). 

State school moneys payable to 16 

Uncollected taxes, duty regarding , , 54, 55 

Truant Children. 

Acts relating to care and instruction of 83, 84, 85 

How persons may be relieved from care of 106, 107 

Provisions of " Compulsory Education Act," relative to 107 

How chosen .' ... .33, 63, 64, 112, 113, 114 

Qualification of , 38, 114 

Term of 38, 39, 64 

Number of, how determined 38, 39, 63, 64 

Powers and duties of 9, 10, 17, 18, 31, 32, 35, 36, 37, 38, 39, 42, 43, 44, 

45, 46, 47, 48, 49, 50, 51, 54, 55, 57, 58, 59, 60, 61, 68, 69 

Control of district property 43 

Reports, annual 47, 48, 49 

Reportsof 48,49,61, 75 

False reports, penalty for 49 

Removal of 6, 69, 72 

Vacates office, when 40 

To indorse approval on collector's bonds 55 

To file collector's bonds 56 

In union free school districts 63, 64, 110 

Teachers' institutes, duty regarding 74, 75 

Vacancies, how filled 33, 34, 39, 40 

Expenses of, actions for and against 34, 78, 79, 80, 81 



Index. 163 

Trustees — Continued. Page. 

May sue to recover tax when . „ „ 57 

Powers and duties of in relation to vaccination 87, 88 

Powers and duties of in relation to compulsory education act. . . .105, 106, 107 

May contract with adjoining city or village in certain cases 110, 111 

Trusts for Benefit of Common Schools. 

By and to whom made „ 17 

Legislature regulates , 17 

Keports concerning . 17, 18 

Union Free School Districts. 

Formation of 62,63, 64 

Officers of, how chosen 63, 64, 65, 66 

Board of Education in 64, 65 

Board of Education, powers and duties of 68, 69, 70 

Board of Education, annual meeting of 66 

Inhabitants, meetings of 66, 67, 70 

Inhabitants, annual meetings of 69 

Eeport to 72, 75 

Trustees, number may be increased or diminished 82 

Academical department in 69, 71, 72 

Colored children in , 73 

Dissolution of 115, 116, 117 

Sites for, how acquired 90, 97 

U. S. Deposit Fund. 

Apportionment of 13, 14 

University of the State of New York. 

State superintendent, a regent of „ 2 

Vacancies, How Filled. 

Office of State superintendent , „ 1 

In office of school commissioner 7 

In district offices 33, 39, 40 

In union free school districts 65, 69 

Vagrant Children. 

Care and instruction of 83 

Valuation of Property. 

How determined 51, 88 

Provisions relating to 51, 52, 88, 89, 90, 97, 98, 118 

Visitors. 

State superintendent may appoint „ 4 

Voters. 

Qualifications of 32, 33 

Challenge of „ 33, 113 

Declaration by 33, 113 

Vaccination. 

Of school children 87, 88 

Expenses of, may be raised by tax 88 

Water Closets. 

Law concerning. . 138 

Warrant. 

Form of 55 

Who issues 55 

Execution of 55, 56 

Renewals of 57 

Returned, to be filed 58 



164 Index. 

Women. Page. 

Eligibility to hold office ....„..„ 114 

Eligible to vote at school meetings, when „ 32 

Year. 

For term of officials 38 

For schools 14 

Holidays, included in ,,.,,,.. 14 



